Moss v. State
Court of Criminal Appeals of Oklahoma
Appeal from Oklahoma, County Court; 8am Hooker, Judge.. B. B. Moss was convicted of violating the prohibition law, 'and he appeals. On necessity of instruction on “reasonable doubt” as to intoxicating character of liquor: Mass v. Territory, 10 Oída. 714; People v. Ah Gee Yung (Cal.) 24 Pac. 860. On necessity of alleging name of purchaser when known: U. 8. v. Riley, 74 Fed. 210; U. 8. v. Scott, 75 Fed. 213; 22 Cyc. 465, sec. 11; 10 Ene.
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Appeal from Oklahoma, County Court; 8am Hooker, Judge.. B. B. Moss was convicted of violating the prohibition law, 'and he appeals. On necessity of instruction on “reasonable doubt” as to intoxicating character of liquor: Mass v. Territory, 10 Oída. 714; People v. Ah Gee Yung (Cal.) 24 Pac. 860. On necessity of alleging name of purchaser when known: U. 8. v. Riley, 74 Fed. 210; U. 8. v. Scott, 75 Fed. 213; 22 Cyc. 465, sec. 11; 10 Ene. PI. & Pr. 507; Cameron v. State, 13 Ark. 712; Oxier v. TJ. 8. (Ind. Ter.) 38 S. W. 331; State v. Wisebeck (Mo.) 40 S. W. 946; State v. Stowe (Mo.) 33 S. W.…
1Opinion of the Court
BICHAEDSON Judge.
The evidence in this case tended to show that H. C. Burwick and S. W. Fenton, at the instance of an enforcement -attorney representing the state in cases arising under the prohibition laws, went to plaintiff 'in error and purchased from him two bottles of beer, the purpose being to ascertain whether plaintiff in error was engaged in selling liquor and to bring him to account if he was. Upon that sale this prosecution was predicated; and it was contended both here and below that under those circumstances the state was estopped and precluded from prosecuting or punishing…
2Cases cited34 opinions
- Coffin v. United StatesSupreme Court of the United States · 1895
- Grimm v. United StatesSupreme Court of the United States · 1895
- De Graff v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Price v. United StatesSupreme Court of the United States · 1897
- Goode v. United StatesSupreme Court of the United States · 1895
29 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Ex Parte HunnicuttCourt of Criminal Appeals of Oklahoma · 1912
- Ashcraft v. StateCourt of Criminal Appeals of Oklahoma · 1940
- Crouse v. StateWyoming Supreme Court · 1963
- Robinson v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Erdman v. Superior Court of Maricopa CountyArizona Supreme Court · 1967
34 more not listed; retrieve them via the Exa API.