STATE V. COFFEY, 1930-NMSC-099, 35 N.M. 204, 292 P. 228 (S. Ct. 1930)
STATE
vs.
COFFEY
No. 3516
SUPREME COURT OF NEW MEXICO
1930-NMSC-099, 35 N.M. 204, 292 P. 228
October 14, 1930
Appeal from District Court, Roosevelt County; Hatch, Judge.
R. F. Coffey was convicted of the possession of intoxicating liquor for sale, and he appeals.
SYLLABUS
SYLLABUS BY THE COURT
Contention that evidence of possession of intoxicating liquor for sale was insufficient overruled.
COUNSEL
James A. Hall, of Clovis, for appellant.
M. A. Otero, Jr., Atty. Gen., and E. C. Warfel, Asst. Atty. Gen., for the State.
JUDGES
Watson, J. Bickley, C. J., and Catron, J., concur. Parker and Simms, JJ., did not participate.
OPINION
{*205} {1} OPINION OF THE COURT Appellant was convicted of possession of intoxicating liquor for sale. The only contention made on this appeal is that the evidence does not support the verdict. Possession is not disputed. The evidence that appellant possessed it for sale is circumstantial, but in our judgment fully as strong as in State v. Chambers, 34 N.M. 208, 279 P. 562. It fully warranted the trial court in submitting the case to the jury and the jury in concluding as it did.
{2} The judgment is affirmed, and the cause will be remanded to the district court for enforcement of it.
{3} It is so ordered.