Remer v. State
Court of Criminal Appeals of Oklahoma
Appeal from, Comanche County Court; James Ii. Wolverton, Judge. Sam Berner was convicted of selling whisky and was sentenced to pay a fine .of $100.00 and to be imprisoned in the connty jail for a term of sixty days. He filed a motion for a new trial, which was heard and overruled, and he appeals.
1Opinion of the Court
BICHABDSON, Judge.
The first assignment of. error is that the court erred in overruling plaintiff in error’s demurrer to the information. This demurrer was predicated upon the fact that the information did not show or allege that the prosecution was conducted in the name and by the authority of the state of Oklahoma. The entire record shows, however, that the prosecution was carried on in the name and by the authority of the state; and that, is sufficient. Arie v. State, 1 Okla. Cr. 666, 100 Pac. 33; Reeves v. Territory, 2 Okla. Cr. 351, 101 Pac. 1039; Caples v. State, 3 Okla. Cr. 72, 104 Pac.…
2Cases cited8 opinions
- Burton v. StateSupreme Court of Alabama · 1894
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Pierson v. StateSupreme Court of Alabama · 1892
- Caples v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Carr v. StateSupreme Court of Alabama · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Phelps v. ChildersSupreme Court of Oklahoma · 1939
- Crawford v. Ferguson, County JudgeCourt of Criminal Appeals of Oklahoma · 1911
- Kimbrell v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Moore v. StateCourt of Criminal Appeals of Oklahoma · 1952
- Perry v. StateSupreme Court of Arkansas · 1961
3 more not listed; retrieve them via the Exa API.