(Syllabus.)

1. Appeal and Error — Sufficiency of Evidence to Sustain Trial Court's Ruling on Motion to Suppress Evidence. Trial court's ruling on motion to suppress evidence based upon an issue of fact will be sustained on appeal where there is competent evidence in the record to sustain his finding.

2. Intoxicating Liquors — The evidence was sufficient to sustain conviction for illegal possession of intoxicating liquor.

Appeal from County Court, Stephens County; Elvie L. Sewell, Judge.

Page 227

Bob Chaney was convicted of unlawful possession of intoxicating liquor, and he appeals. Affirmed.

Hegel Branch, Duncan, for plaintiff in error.

Mac Q. Williamson, Atty., Gen., for defendant in error.

JONES, J.

The defendant, Bob Chaney, was convicted in the county court of Stephens county for the crime of unlawful possession of intoxicating liquor and sentenced to serve 30 days in the county jail and pay a fine of $50 and costs.

No briefs have been filed and the case was not argued at the time it was set on the docket for oral argument.

We have examined the record and the evidence was sufficient to sustain the conviction. The defendant interposed a motion to suppress the evidence but did not sustain the burden of showing the evidence was illegally obtained. The trial court's ruling thereon is sustained.

No material error being apparent, the judgment and sentence is affirmed.

BRETT, P.J., and POWELL, J., concur.