Vanderburg v. State

Court of Criminal Appeals of Oklahoma
Vanderburg v. State, 120 P. 301 (1912)
6 Okla. Crim. 485; 1912 OK CR 1; 1912 Okla. Crim. App. LEXIS 312
Doyle, Armstrong

Vanderburg v. State

Opinion of the Court

DOYLE, J.

The plaintiff in error was convicted in the county court of Jefferson county on an information which charged that *486 he did have in his possession intoxicating liquor with the intention of selling or otherwise furnishing the same, contrary to the provisions of the prohibition law.- August 27, 1910, in accordance with the verdict of the jury, he was sentenced to serve a term of 30 days in the county jail, and to pay a fine of $100. From this judgment he appeals. -

It is contended that the verdict is contrary to the evidence and contrary to the law. The. evidence tended to show that the defendant conducted a restaurant and pool hall in the town of Terral; that in a room partitioned off from the pool hall at least two dozen bottles of whisky were found, concealed beneath a trapdoor under, the floor. In the same room gambling devices, cards, chips, and empty whisky bottles were found. These predisposing facts and circumstances are clearly sufficient to prove the unlawful intent.

In support of a motion for a new trial the testimony of one of the jurors was taken, wherein he testified in substance that the verdict of the jury was not unanimous, and that he did not vote for a conviction. Two other jurors were permitted to testify that the question of taxes was discussed, and that the costs would be thrown on the state, if they did not stick the defendant. It will be sufficient to say on this question that jurors will not be allowed to impeach their verdict by their affidavits or testimony after, they have been discharged. Spencer v. State, 5 Okla. Cr. 7, 113 Pac. 224.

Finding no error prejudicial to the substantial rights of the defendant, the judgment is affirmed.

'FURMAN, P. J„ and ARMSTRONG, J., concur.

Reference

Full Case Name
Jodie Vanderburg v. State.
Cited By
20 cases
Status
Published
Syllabus
TRIAL — Verdict—Impeachment. A verdict cannot be impeached by the affidavit or testimony of a juror that he did not agree to the finding, or that a verdict of guilty was found to save the state from paying costs. ' (Syllabus by the Court.)