Opinion
No. A-657.
Opinion Filed September 23, 1911.
Appeal from Superior Court, Logan County; J.M. Sandlin, Judge.
Julia A. Thurston was convicted of a violation of the prohibition law, and appeals. Reversed and remanded.
H.C. Olds, for plaintiff in error.
Smith C. Matson, Asst. Atty. Gen., for the State.
Plaintiff in error was convicted in the superior court of Logan county for the crime of selling intoxicating liquor and was sentenced to serve a term of thirty days in the county jail and pay a fine of fifty dollars. A trial was had before a jury composed of only six men. The record does not show that the defendant waived her right to a trial by jury of twelve men. Under the authority of Hill v. State, 3 Okla. Cr. 686, 109 P. 291; Schafer v. State, 5 Okla. Cr. 598, 115 P. 379, and Dalton v. State, infra, 116 P. 954, the judgment will be reversed and the cause remanded to the superior court of Logan county with direction to grant a new trial.