Legal Opinion

Lancaster v. State

Court of Criminal Appeals of Oklahoma

Decided September 21, 1909No. 298PublishedCited by 8 opinions

Appeal from Ponloloc County Cowlj Joel Terrell, Judge. Ollie Lancaster and Luke Jenkins were convicted of viola-ing the prohibition laws, and they appeal. The defendants were prosecuted by information for violating the prohibition laws.

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Appeal from Ponloloc County Cowlj Joel Terrell, Judge. Ollie Lancaster and Luke Jenkins were convicted of viola-ing the prohibition laws, and they appeal. The defendants were prosecuted by information for violating the prohibition laws. They were found guilty by the jury and the punishment of the defendant Luke Jenkins was assessed at a fine of $250 and imprisonment in the county jail for 60 days, and the punishment of the defendant Ollie Lancaster was assessed at a fine -of $500 and imprisonment in the county jail for 60 days.

1Opinion of the Court

FURMAN, Presiding Judge.

First. The defendants complain that the court erred in permitting the county attorney to amend the information after the defendant had pleaded thereto and the parties had announced ready for trial and the jury had been impaneled. Section 530?, Wilson's Rev. & Ann. St. 1903, is as follows:

“An information may be, amended in matter of substance or form at any time before the defendant pleads, without leave, and may be amended after plea on order of the court where the same can be done without material prejudice to the rights of the defendant; no amendment shall cause any…

2Cited by8 opinions

  1. Leyerle v. StateCourt of Criminal Appeals of Oklahoma · 1925
  2. Armstrong v. StateCourt of Criminal Appeals of Oklahoma · 1926
  3. Burks v. StateCourt of Criminal Appeals of Oklahoma · 1938
  4. Ex Parte ConwayCourt of Criminal Appeals of Oklahoma · 1947
  5. Denmark v. StateCourt of Criminal Appeals of Oklahoma · 1941

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