Legal Opinion

Rea v. State

Court of Criminal Appeals of Oklahoma

Decided December 7, 1909No. A-95PublishedCited by 28 opinions

Appeal from Poniotoc County Court; Joel Terrell, Judge. Will Eea was convicted of -unlawfully selling intoxicating liquor., and he appeals. On the 14th day of February, 1908, Will Rea, hereinafter called defendant, was convicted on a charge of selling intoxicating liquor, in the county court of Pontotoc county, Okla., on information, and his punishment was assessed at a fine of $500 and 60 days in jail.

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Appeal from Poniotoc County Court; Joel Terrell, Judge. Will Eea was convicted of -unlawfully selling intoxicating liquor., and he appeals. On the 14th day of February, 1908, Will Rea, hereinafter called defendant, was convicted on a charge of selling intoxicating liquor, in the county court of Pontotoc county, Okla., on information, and his punishment was assessed at a fine of $500 and 60 days in jail. The case is properly before this court on appeal. — On admissibility of evidence of other prosecutions: .Slater v. State, 1 Okla. Or.' 275. On instructions invading province of jury: Weber v.…

1Opinion of the Court

FURMAN, PRESIDING Judge.

First.' The first assignment of error is:

“The court erred in not-.granting'a new- trial, because the verdict is contrary to the law and the evidence.”

We cannot agree with this contention; but, as the judgment will have to be reversed and remanded for a new trial on account of errors of law committed during the trial, we do not deem it necessary to discuss the evidence.

Second. The second assignment, of error is as,follows:

“The court erred in overruling the motion of the defendant to quash the information, to which action the defendant at the time excepted and still…

2Cases cited6 opinions

  1. Price v. StateCourt of Criminal Appeals of Oklahoma · 1908
  2. Slater v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
  3. State v. PotterSupreme Court of Kansas · 1876
  4. Johnson v. StateCourt of Appeals of Texas · 1890
  5. Weber v. StateCourt of Criminal Appeals of Oklahoma · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. United States v. ThompsonSupreme Court of the United States · 1920
  2. Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
  3. Cole v. StateCourt of Criminal Appeals of Oklahoma · 1921
  4. Pierro v. TurnerCourt of Criminal Appeals of Oklahoma · 1952
  5. Oelke v. StateCourt of Criminal Appeals of Oklahoma · 1913

23 more not listed; retrieve them via the Exa API.

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