Smythe v. State
Court of Criminal Appeals of Oklahoma
Error from Creek County Court; Josiah G. Davis. Judge. C. P. Smythe was convicted of illegally selling intoxicating liquors, and he brings error. Tbe plaintiff in error, who will, for convenience’s sake, be hereinafter referred to as the accused, was, on the 27th day of June, 1908, found guilty of unlawfully selling one pint of whisky to Stanley Seymour.
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Error from Creek County Court; Josiah G. Davis. Judge. C. P. Smythe was convicted of illegally selling intoxicating liquors, and he brings error. Tbe plaintiff in error, who will, for convenience’s sake, be hereinafter referred to as the accused, was, on the 27th day of June, 1908, found guilty of unlawfully selling one pint of whisky to Stanley Seymour. The prosecution was predicated upon an information, which reads as follows: “In the name and by the authority of the state of Oklahoma, now comes L. B. Jackson, the duly qualified and acting county attorney, in and for Creek county, state of…
1Opinion of the Court
BAKER, Judge,
(after stating the facts as above). The only question presented in this case is the sufficiency of the information, a copy of which- is contained in the statement of the case. The able counsel for the accused contend that said information is insufficient for two reasons: (1) Because the pleader neglected to negative the exceptions or provisos of the statute defining the offense in Senate Bill No. 61 (Sess. Laws 1907-08, p. 603, c. 69, art. 3), known as the “Billups Law,” which reads as follows:
^Section 1. .It shall be unlawful fox any person, individual or corporate, to…
2Cases cited35 opinions
- United States v. CookSupreme Court of the United States · 1872
- People v. . StedekerNew York Court of Appeals · 1903
- State v. DoerringSupreme Court of Missouri · 1906
- State v. WilliamsSupreme Court of Iowa · 1865
- State v. ConnorSupreme Court of North Carolina · 1906
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3Cited by21 opinions
- De Graff v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Penn v. StateCourt of Criminal Appeals of Oklahoma · 1917
- Ex Parte BrownCourt of Criminal Appeals of Oklahoma · 1943
- Groskins v. StateCourt of Criminal Appeals of Oklahoma · 1931
- State v. JamiesonSupreme Court of Kansas · 1971
16 more not listed; retrieve them via the Exa API.