Legal Opinion

Lightle v. State

Court of Criminal Appeals of Oklahoma

Decided March 21, 1911No. A-493PublishedCited by 7 opinions

Appeal from Wagoner County Court; W. T. Drake, Judge. Joe Lightle was convicted of having in his possession a substitute for beer with the intent of selling it, and he appeals.

1Opinion of the Court

FURMAN, PRESIDING Judge.

In a prosecution against a defendant for having in his possession any imitation or substitute for spirituous, vinous, fermented, or malt liquors with the intention of selling the same, it is not necessary for the state either to allege or prove that such imitation or substitute was intoxicating. It is sufficient if the offense is charged in the language of the statute. This question has been heretofore repeatedly passed upon by this court. It was directly involved in the case of De Graff v. State, 2 Okla. Cr. 519, 556, 103 Pac. 538, 552. This court, in discussing this…

2Cases cited10 opinions

  1. People v. RobyMichigan Supreme Court · 1884
  2. De Graff v. StateCourt of Criminal Appeals of Oklahoma · 1909
  3. Intoxicating-Liquor CasesSupreme Court of Kansas · 1881
  4. McCutcheon v. PeopleIllinois Supreme Court · 1873
  5. Moss v. StateCourt of Criminal Appeals of Oklahoma · 1910

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

3Cited by7 opinions

  1. Ex Parte HunnicuttCourt of Criminal Appeals of Oklahoma · 1912
  2. Santino v. StateCourt of Criminal Appeals of Oklahoma · 1925
  3. Hawkins v. StateCourt of Criminal Appeals of Oklahoma · 1912
  4. Coury v. StateCourt of Criminal Appeals of Oklahoma · 1921
  5. Oklahoma Alcoholic Beverage Control Board v. NaifehSupreme Court of Oklahoma · 1964

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

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