Legal Opinion

Pickrell v. State

Court of Criminal Appeals of Oklahoma

Decided April 18, 1911No. A-97PublishedCited by 19 opinions

Appeal from Grady County Court; N. M. Williams, Judge. W. N. Pickrell was convicted of a violation of the prohibition law, and appeals. The plaintiff in error was convicted in the county court of Grady county of the crime of unlawfully selling intoxicating liq-our, and was on November 11, 1908, sentenced to be confined in the county jail for a term of thirty days and to pay a fine of fifty dollars.

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Appeal from Grady County Court; N. M. Williams, Judge. W. N. Pickrell was convicted of a violation of the prohibition law, and appeals. The plaintiff in error was convicted in the county court of Grady county of the crime of unlawfully selling intoxicating liq-our, and was on November 11, 1908, sentenced to be confined in the county jail for a term of thirty days and to pay a fine of fifty dollars. From the judgment he appealed by filing in this court on February 13, 1909, a petition in error with case-made. George Turner, the sole witness for the state, testified that he lived at Guthrie,…

1Opinion of the CourtDoyle, Judge

(after stating the facts as above). It is insisted by counsel for plaintiff in error that the persistent asking of incompetent, improper, and prejudicial questions by the county attorney, after previous' objections thereto having been made and sustained by the court, constitutes reversible error, citing:

12 Cyc. 572; Cargill v. Comm., 13 S. W. 916; Clark v. State, 5 S. W. 115; State v. Rose, 76 S. W. 1003; People v. Derbert, 71 Pac. 564; Heller v. People, 43 Pac. 124; People v. Wells, 34 Pac. 1078.

We believe the action of the prosecuting attorney, as shown by the record, constitutes misconduct…

2Cases cited5 opinions

  1. People v. WellsCalifornia Supreme Court · 1893
  2. Heldt v. StateNebraska Supreme Court · 1886
  3. People v. DerbertCalifornia Supreme Court · 1903
  4. State v. RoseSupreme Court of Missouri · 1903
  5. Clark v. StateCourt of Appeals of Texas · 1887

3Cited by19 opinions

  1. Appleby v. StateCourt of Criminal Appeals of Oklahoma · 1915
  2. Berg v. StateCourt of Criminal Appeals of Oklahoma · 1953
  3. Pitman v. StateCourt of Criminal Appeals of Oklahoma · 1926
  4. Hendricks v. StateCourt of Criminal Appeals of Oklahoma · 1923
  5. Salyer v. StateCourt of Criminal Appeals of Oklahoma · 1923

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