¶1 The testimony in this case shows that the defendant was conveying a suit-case full of whisky from a train on the Rock Island railroad in the city of El Reno, when he was arrested by a deputy sheriff. The burden was not on the state to allege or prove that such whisky was not lawfully purchased. If the defendant was conveying said whisky and it was a lawful purchase, this fact was within his knowledge and the duty was upon him to produce evidence to sustain this defense. Having failed to offer any testimony on this subject, the jury were fully authorized to convict him. The judgment of the lower court is therefore affirmed, with directions to the sheriff of Canadian county to carry such judgment into exceution.
4 Okla. Crim. 471
113 P 211
Jacobs v. State
Court of Criminal Appeals of Oklahoma
Decided December 13, 1910
Court of Criminal Appeals of Oklahoma · decided 1910-12-13
L. Fogg, Judge. Appellant was convicted of a violation of the prohibitory liquor law. His fine was assessed at $100.00 and 60 days’ imprisonment in the county jail, and he appealed.
Good law ✅— No negative treatment on recordhow we know
Appeal dismissed · Decided 1910-12-13
How this case has been cited
Cited by 6 later decisions — most recently January 1965
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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