Weston v. Territory
Court of Criminal Appeals of Oklahoma
Appeal from Woods County Court; W. T. Wilson, Judge. Henry Weston was convicted of violation of the liquor law and appeals. On the 13th day of July, 1905, the following information was filed in the probate court of Woods county, Olcla. T., against Henry Weston, hereinafter called defendant, and Thomas Fox, viz.: 'Territory of Oklahoma, Plaintiff v. Henry Weston and Thomas Fox, Defendants. Amended information.
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Appeal from Woods County Court; W. T. Wilson, Judge. Henry Weston was convicted of violation of the liquor law and appeals. On the 13th day of July, 1905, the following information was filed in the probate court of Woods county, Olcla. T., against Henry Weston, hereinafter called defendant, and Thomas Fox, viz.: 'Territory of Oklahoma, Plaintiff v. Henry Weston and Thomas Fox, Defendants. Amended information. Comes now Luther Martin, the duly elected, qualified, and acting county attorney, within and for said Woods county, territory of Oklahoma, in the year of our Lord one thousand nine…
1Opinion of the CourtFurman, Presiding Judge
(after stating the facts as above). In view of the disposition which we feel it to be our duty to make of this case, as in all probability it will nevei be tried again, and as the law upon which the information was based has been superseded by the constitutional and statutory provisions upon prohibition, we do not deem it necessary to do more than discuss and decide the vital questions in the case. These questions are, first, the sufficiency of the information; secondly, the sufficiency of the evidence.
First. In our judgment the information is fatally defective in attempting to charge a…
2Cases cited7 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- United States v. HessSupreme Court of the United States · 1888
- Slover v. Territory of OklahomaSupreme Court of Oklahoma · 1897
- Dundas v. CarsonNebraska Supreme Court · 1889
- Perkins v. Territory of OklahomaSupreme Court of Oklahoma · 1900
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3Cited by11 opinions
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
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- Mitchell v. StateCourt of Criminal Appeals of Oklahoma · 1909
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