Thomas v. State

The plaintiffs in error, hereinafter called defendants, were convicted in the county court of Canadian county on a charge of conspiracy to violate the prohibitory liquor law, and were each sentenced to pay a fine of $500 and to serve a term of one year in the county jail.

The prosecution is based on section 1649, Comp. Stat. 1921, which, so far as pertinent here, is:

“If two or more persons conspire * * * to commit any crime * * * they are guilty of a misdemeanor.”

The foregoing provision of the statute was enacted by the territorial Legislature prior to statehood. In 1915 a further conspiracy…