Antonelli v. State
Court of Criminal Appeals of Oklahoma
Error from Pittsburg County Court; B. W. Higgins, Judge. The plaintiff in error, Paul Antonelli, was indicted in the district court of Pittsburg county on the 15th day of January. 1908, charged with violating the provision of the Constitution against the sale of intoxicating liquors. On motion of the county-attorney the case was transferred to the county court of Pittsburg county.
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Error from Pittsburg County Court; B. W. Higgins, Judge. The plaintiff in error, Paul Antonelli, was indicted in the district court of Pittsburg county on the 15th day of January. 1908, charged with violating the provision of the Constitution against the sale of intoxicating liquors. On motion of the county-attorney the case was transferred to the county court of Pittsburg county. Defendant was convicted and sentenced to imprisonment in the county jail for a term of six months and to pay a fine of $500. The case is before us on appeal. — On question of duplicity: State v. Messenger, 58 N. H.…
1Opinion of the Court
OWEN, Judge.
Counsel for defendant insist that because section 12, art. 7, Const, (section 183, Bunn’s Ann. Ed.), gives to the county court exclusive jurisdiction to try misdemeanor cases of this character, the district court was without jurisdiction to receive the indictment in this case, and, therefore the county court did not acquire jurisdiction on removal of the case from the district court to the county court. With this contention we cannot agree. Section 18 of the Bill of Eights (section 27, Bunn’s Ann. Ed.), after providing for a grand jury in the district court, contains this…
2Cases cited4 opinions
- State v. SchweiterSupreme Court of Kansas · 1882
- State v. CloughlySupreme Court of Iowa · 1887
- State v. PittmanSupreme Court of Missouri · 1882
- State v. NolanSupreme Court of Rhode Island · 1887
3Cited by14 opinions
- Moss v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Rochester Brewing Co. v. StateSupreme Court of Oklahoma · 1910
- State ex rel. Springer v. BlissSupreme Court of Oklahoma · 1947
- Petitti v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. HovenSouth Dakota Supreme Court · 1923
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