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Evans v. State

Criminal Court of Appeals of Oklahoma
Jul 3, 1911
116 P. 356 (Okla. Crim. App. 1911)

Opinion

No. A-716.

Opinion Filed July 3, 1911.

Appeal from District Court, Greer County; G.A. Brown, Judge.

Edd Evans was convicted of selling intoxicating liquor to a minor, and he appeals. Reversed and remanded.

C.C. Wells and C.G. Hornor, for plaintiff in error.

Chas. West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.


Plaintiff in error was convicted in the district court of Greer county upon an information charging him with selling liquor to a minor, and was sentenced to imprisonment in the penitentiary for a term of five years. The act declaring this offense a felony and fixing the punishment therefor is unconstitutional and void, and the district court therefore had no jurisdiction of the cause. John Nowakowski v. State, ante, 116 P. 351, just decided.

This prosecution having been instituted by information and not by indictment, the cause is not transferable to the county court, but must be dismissed. Fred Wychoff v. State, ante, 116 P. 355, just decided.

The judgment of the district court is therefore reversed, and the cause remanded, with directions to dismiss the same.

FURMAN, P.J., and DOYLE, J., concur; ARMSTRONG, J., disqualified and not sitting.


Summaries of

Evans v. State

Criminal Court of Appeals of Oklahoma
Jul 3, 1911
116 P. 356 (Okla. Crim. App. 1911)
Case details for

Evans v. State

Case Details

Full title:EDD EVANS v. STATE

Court:Criminal Court of Appeals of Oklahoma

Date published: Jul 3, 1911

Citations

116 P. 356 (Okla. Crim. App. 1911)
116 P. 356

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