Banks v. State
Court of Criminal Appeals of Oklahoma
Appeal from Muskogee County Court; W. C. Jackson, Judge. Bud Banks was convicted of an illegal sale of liquor, ana appeals. The charging part of the information is as follows: “That the said Bud Banks in the county óf Muskogee, state of Oklahoma, on the 29th day of August, 1908, did knowingly and unlawfully sell and furnish intoxicating liquors contrary to the form of the statutes in such cases made and provided, and against the peace and dignity of the state.”
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Appeal from Muskogee County Court; W. C. Jackson, Judge. Bud Banks was convicted of an illegal sale of liquor, ana appeals. The charging part of the information is as follows: “That the said Bud Banks in the county óf Muskogee, state of Oklahoma, on the 29th day of August, 1908, did knowingly and unlawfully sell and furnish intoxicating liquors contrary to the form of the statutes in such cases made and provided, and against the peace and dignity of the state.” The defendant demurred to the information upon the ground that it did not state the name of the person or persons to whom the…
1Opinion of the Court
FURMAN, Peesiding Judge,
(after stating the facts as above). First. The information in this case is fatally defective because it does not allege the name of the person or persons to whom the alleged sale of intoxicating liquors was made, or allege that such name or names were unknown. Our reasons for this conclusion, and the authorities upon which we rely will be found in the cases of Weston v. Territory, 1 Okla. Cr. 407, 98 Pac. 360, Fletcher v. State, ante. p. 300, 101 Pac. 599, and Lightle v. State, ante, p. 334, 101 Pac. 608. The court therefore erred in not sustaining the demurrer to the…
2Cases cited5 opinions
- McMinn v. WhelanCalifornia Supreme Court · 1865
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Green v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
- Weston v. TerritoryCourt of Criminal Appeals of Oklahoma · 1908
- Lightle v. StateCourt of Criminal Appeals of Oklahoma · 1909
3Cited by21 opinions
- Culpepper v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. BesterSupreme Court of Iowa · 1969
- State v. RogersIdaho Supreme Court · 1917
- Jones v. StateCourt of Criminal Appeals of Oklahoma · 1958
- Price v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
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