Legal Opinion

Fletcher v. State

Court of Criminal Appeals of Oklahoma

Decided April 24, 1909No. A-54PublishedCited by 66 opinions

Appeal from Muskogee Cotinty Court; W. C. Jackson, Judge. Charley Fletcher was convicted of an illegal sale of liquors, and appeals. On the 19th of June, 1908, an information was filed against Charley Fletcher (hereinafter called the defendant) charging him with unlawfully selling intoxicating liquor. The defeudant demurred to the information upon the ground- that it did not state facts sufficient to constitute a public offense.

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Appeal from Muskogee Cotinty Court; W. C. Jackson, Judge. Charley Fletcher was convicted of an illegal sale of liquors, and appeals. On the 19th of June, 1908, an information was filed against Charley Fletcher (hereinafter called the defendant) charging him with unlawfully selling intoxicating liquor. The defeudant demurred to the information upon the ground- that it did not state facts sufficient to constitute a public offense. This demurrer was 'by the court overruled, and the defendant reserved an exception. Upon the trial of the cause the defendant was found guilty, and his punishment was…

1Opinion of the Court

FURMAN, PRESIDING Judge,

(after-stating the facts as above). The first question that presents itself is the sufficiency •of the information, in that it fails to give the name of the person to whom the liquor was sold. In the case of Weston v. Territory, 1 Okla. Cr. 407, 98 Pac. 360, this court held that in such cases the information must give the name of the person to whom the sale was made, so that the defendant may know the particular offense charged, and thereby be enabled to prepare his defense. As no one appeared for the state in that case, the counsel for the state in this case has filed…

2Cases cited46 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. United States v. HessSupreme Court of the United States · 1888
  3. Borman v. StateSupreme Court of Alabama · 1859
  4. Walker v. StateSupreme Court of Georgia · 1892
  5. State v. ChisnellWest Virginia Supreme Court · 1892

41 more not listed; retrieve them via the Exa API.

3Cited by66 opinions

  1. Parker v. StateCourt of Criminal Appeals of Oklahoma · 1996
  2. Brown v. StateCourt of Criminal Appeals of Oklahoma · 1913
  3. Culpepper v. StateCourt of Criminal Appeals of Oklahoma · 1910
  4. Taylor v. StateIndiana Supreme Court · 1972
  5. Williams v. StateIndiana Supreme Court · 1919

61 more not listed; retrieve them via the Exa API.

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