(Syllabus.)

1. Intoxicating Liquors — Insufficiency of Evidence. Record examined, and evidence held insufficient to sustain conviction of transporting whisky.

2. Same — Reference to Another Opinion. For reasons for reversing this case, see opinion in No. A-6673, Nowlin v. State, 43 Okla. Cr. 305, 278 P. 398.

Appeal from County Court, Payne County; L.H. Woodyard, Judge.

Fred Rumbaugh was convicted for transporting whisky, and he appeals. Reversed, and remanded.

Page 305

Brown Moore and Guy P. Horton, for plaintiff in error.

Edwin Dabney, Atty. Gen., for the State.

DAVENPORT, J. The plaintiff in error, for convenience referred to as the defendant, was convicted on a charge of transporting whisky, and his punishment fixed at a fine of $50 and imprisonment for a period of 30 days. Record was perfected and case appealed to this court.

This is a companion case to No. A-6673, Fred Nowlin v. State, 43 Okla. Cr. 305, 278 P. 398, in which an opinion has been handed down by this court to-day. The same witnesses testify as in No. A-6673, and the alleged offense occurred at the same place and at the same time. It is not deemed necessary to set out the testimony in substance or in full in this opinion.

For reasons stated in case No. A-6673, this case is reversed and remanded.

EDWARDS, P.J., and CHAPPELL, J., concur.