Stout v. Territory
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Oklahoma County; B. F. Burwell, Judge. D. C. Stout was convicted of a violation of Wilson’s Eev. & Ann. St. 1903, § 2616, making an innkeeper, or person licensed to sell intoxicating liquor, who shall sell on Sunday, guilty of a misdemeanor, and he appealed to the Supreme Court of Oklahoma Territory, whence the cause tvas transferred to the Supreme Court of the state of Oklahoma, and from thence .to the Criminal Court of Appeals.
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Appeal from District Court, Oklahoma County; B. F. Burwell, Judge. D. C. Stout was convicted of a violation of Wilson’s Eev. & Ann. St. 1903, § 2616, making an innkeeper, or person licensed to sell intoxicating liquor, who shall sell on Sunday, guilty of a misdemeanor, and he appealed to the Supreme Court of Oklahoma Territory, whence the cause tvas transferred to the Supreme Court of the state of Oklahoma, and from thence .to the Criminal Court of Appeals. This conviction was had upon an indictment returned at the April, 1907, term of the district court of the Third judicial district of the…
1Opinion of the Court
DOYLE, Judge,
(after stating the facts as above). This was a criminal prosecution under the liquor license law of Oklahoma Territory.
The first proposition contended for is that “the court erred in overruling defendant’s demurrer to the' indictment.” Counsel for appellant predicate this proposition upon the assumption that the offense charged was a violation of section 3410, Wilson’s Rev. & Ann. St. 1903, which reads as follows: “Every person who shall sell or give away any malt, spirituous, and vinous liquors on .the day of any special or general election or at any time during the first day of…
2Cases cited2 opinions
- Titsworth v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. . SloanSupreme Court of North Carolina · 1872
3Cited by11 opinions
- Parker v. StateCourt of Criminal Appeals of Oklahoma · 1996
- Miller v. StateCourt of Criminal Appeals of Oklahoma · 1992
- Stokes v. StateCourt of Criminal Appeals of Oklahoma · 1948
- Little v. StateCourt of Criminal Appeals of Oklahoma · 1934
- Hart v. StateCourt of Criminal Appeals of Oklahoma · 1936
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