Petitti v. State
Court of Criminal Appeals of Oklahoma
Appeal from Pittsburg County Court; R. IF. Higgins, Judge. John Petitti was convicted of selling intoxicating liquors, and appeals. On the 18th day of December, 1907, an information was filed in the county court of Pittsburg county against John Petitti (hereinafter called “defendant”), charging him with the crime of selling intoxicating liquors to various persons whose names were to the county attorney unknown.
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Appeal from Pittsburg County Court; R. IF. Higgins, Judge. John Petitti was convicted of selling intoxicating liquors, and appeals. On the 18th day of December, 1907, an information was filed in the county court of Pittsburg county against John Petitti (hereinafter called “defendant”), charging him with the crime of selling intoxicating liquors to various persons whose names were to the county attorney unknown. On the 2'Oth of Februarjr, 1908, upon motion, the county attorney was permitted to amend the information by charging that the intoxicating liquors were sold to I. F. Hamilton. On the…
1Opinion of the Court
FURMAN, PRESIDING Judge,
(after stating the facts as above). In this ease the record affirmatively shows that the jury returned into open court the following written verdict: “We, the jury, duly impaneled and sworn, do find from the law and the evidence the defendant not guilty. [Signed] B. F. Jobe, Foreman.” But the jury verbally announced to the court that they had found the defendant guilty. This verdict was not recorded by the clerk and read to the Jury as the law directs.
Section 5542, Wilson’s Rev. & Ann. St. 1903, is as follows:
“(5542) § 406. When .the verdict is given and is such as the…
2Cases cited6 opinions
- People v. Lee Yune ChongCalifornia Supreme Court · 1892
- Gaines v. WhiteSouth Dakota Supreme Court · 1891
- Allen v. StateWisconsin Supreme Court · 1893
- State v. DawkinsSupreme Court of South Carolina · 1890
- Farley v. PeopleIllinois Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Spencer v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Keith v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Harrell v. StateCourt of Criminal Appeals of Oklahoma · 1929
- Wheeler v. StateCourt of Criminal Appeals of Oklahoma · 1939
- State Ex Rel. Atty. Gen. v. StanfieldCourt of Criminal Appeals of Oklahoma · 1914
8 more not listed; retrieve them via the Exa API.