Smith v. State

POWELL, Judge.

The plaintiff in error, John R. Smith, hereinafter referred to as defendant, was charged in the county court of Washington County with the crime of selling intoxicating liquors; was tried before a jury, found guilty and punishment was by the jury assessed at a fine of $500 and six months imprisonment in the county jail, — the maximum under the statute. Tit. 37 O.S.1951 § 1.

Following the filing of the petition in error, record and brief by the defendant in this court, the Attorney General filed a motion to dismiss the appeal, based on the grounds:

“2. That plaintiff in error did…