Dalton v. State
Court of Criminal Appeals of Oklahoma
Appeal from Superior Court, Logan County; J. M. Sandlin, Judge. The plaintiff in error, William Dalton, was informed against, tried, and convicted of the crime of having Unlawfully in his possession intoxicating liquors with the intention of selling the same. The trial was ha.d without objection before a jury composed of 6 men.
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Appeal from Superior Court, Logan County; J. M. Sandlin, Judge. The plaintiff in error, William Dalton, was informed against, tried, and convicted of the crime of having Unlawfully in his possession intoxicating liquors with the intention of selling the same. The trial was ha.d without objection before a jury composed of 6 men. He was found guilty, and on October 30, 1909, was sentenced to serve a term of 30 days in the county jail and pay a fine of $100 and costs, and brings error.
1Opinion of the CourtDoyle, J.
The only important question which the record presents is whether the court erred in the absence of an objection on the pai't of the defendant in impaneling a jury of only six persons to try the cause. Section 19 of the Bill of Rights provides:
“The right of trial by jury shall be and remain inviolate, and a jury for the trial of civil and criminal cases in courts of record, other than county courts, shall consist of twelve men; but, in county courts and courts not of record, a jury shall consist of six men.”
In addition to the district courts and county courts provided for in the Constitution,…
2Cases cited7 opinions
- Starr v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Farmers' Nat. Bank of Tecumseh v. McCallSupreme Court of Oklahoma · 1910
- Hill v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Ex Parte WhitehouseCourt of Criminal Appeals of Oklahoma · 1909
- Hahn v. Brinson.Supreme Court of North Carolina · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Wilkins v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. McDonaldCourt of Criminal Appeals of Oklahoma · 1914
- Pierce v. StateCourt of Criminal Appeals of Oklahoma · 1952
- Mougell v. StateCourt of Criminal Appeals of Oklahoma · 1953
- Miller v. StateCourt of Criminal Appeals of Oklahoma · 1943
11 more not listed; retrieve them via the Exa API.