Sullateskee V. the State of Oklahoma, No. A-14062
Facts: In 1967, Gladys Juanita Sullateskee was charged in Oklahoma Municipal Court with possessing a total of 556 bottles of whiskey for sale without the proper issued state permits (via the Oklahoma Alcoholic Beverage Control Board). During the proceedings a jury trial was waived and the case was sent to a judge. He determined that Sullateskee was guilty of possession with the intent to distribute and fined her $25.00.
Sullateskee is appealing the decision based upon the fact that the prosecution failed to show the whiskey actually belonged to the defendant. This is because she was a waitress who worked at the establishment and is not the owner. She argues that intent is not the same as actually conducting the crimes she is charged with. During the trial, the prosecution had only one witness who was the investigating officer. He testified that Sullateskee was not the owner of this establishment and was one of several waitresses who worked there. Furthermore, he indicated that several people were drunk and there were no whiskey bottles out in the open when they raided the establishment. This is problematic, as...
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