KIRK v. STATE

No. A-11194.

92 Okla. Cr. 360 (1950)

223 P.2d 558

KIRK v. STATE.

Criminal Court of Appeals of Oklahoma.

October 25, 1950.


Attorney(s) appearing for the Case

H.R. Helmbrecht and C.L. Armstrong, Ponca City, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., and Lewis A. Wallace, Asst. Atty. Gen., for defendant in error.


JONES, P.J.

The defendant, Marion Kirk, was charged in the county court of Kay county with the illegal transportation of seven cases of whisky; a jury was waived; the defendant was tried, convicted, and given the maximum sentence.

Two contentions are presented for reversal. First, the court erred in overruling the motion to suppress evidence presented prior to the commencement of the trial. Second, the evidence is insufficient to sustain a conviction for transportation...

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