Show L LYlE LYTE FINED ON DRY LAW CHARGE Six Months' Months Sentence Suspended If He Pays Penalty Judge Overrules Overrule Motion For New ew Trial A tine fine of and a month 6 jail jai sentence suspended If the fine tine 1 is paid was the penalty imposed Saturday Saturday Saturday Sat Sat- on Sammy Lyte 39 night nigh nightclub club operator In the case of his first conviction convI on a whisky possessIon possession posses posses- sIon slon The sentence was Imposed by City Judge N. N II ir Tanner who ig ignored ignored ignored ig- ig nored ProsecUtor tor Joseph S. S Nelsons Nelson's recommendation th that t a straight jail jai sentence of ot six months be imposed NEW TRIAL DENIED 1 Penalty was Imposed after the court overruled a motion made by Defense Counsel N. N E. E r askIng asking asking ask ask- ing for a new trial The motion was supported by toy Lytes Lyte's affidavit wherein where where- in iii he alleged irregularity at the trial tria Tuesday by failure of the judge to place a sworn officer of ot th the cour courin court courtin in charge of or the Jury when it retired to deliberate on a verdict In overruling the motion Judge Tanner held that it was not necessary necessary necessary sary for an officer to have be been n sworn because of ot the fact that the the- jur jury was at no time outside the courts court's direct supervision and at the same time had full privacy In reachIng reachIng reaching reach- reach Ing the verdict of ot guilty which was rendered in the case STAY GRANTED A stay of ot execution until December December Decem Decem- ber bel 11 was allowed defense counsel when he indicated the case would case would b be appealed to Third district court Callister In pleading for the courts court's leniency emphasized the point that this was the first time Lyte has bbs been convicted on a liquor charge and he thought the prosecutors prosecutor's prosecutors prosecutor's prosecutors prosecutor's tors tor's recommendation was excessive It is reported the defendant had been charged more than times with the offense of which Jie he was convicted Lyte is well known as a hotel and night club operator lie as was convicted convicted con con- of ot possession of ot three gallons of whisky November 9 at his night nightclub nightclub club located at West Thirty Thirty- third South street |