Porter v. State
Court of Criminal Appeals of Oklahoma
Appeal from Jefferson GovmÉy Gourtj G. M. Bond, Judge. John Porter was convicted of violating the prohibition law, and appeals.
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Appeal from Jefferson GovmÉy Gourtj G. M. Bond, Judge. John Porter was convicted of violating the prohibition law, and appeals. John Porter was tried and convicted on an information which charged as follows: “That the said John Porter and Bob Edwards then and there being, did then and there on the day and date aforesaid, wilfully and unlawfully convey intoxicating liquors from one place within the state to another place therein, contrary to the prohibition laws of the state made and provided and against the peace and dignity of the state.” The defendants objected to the sufficiency of the…
1Opinion of the Court
DOYLE, Judge.
Several assignments of error are presented by the petition; however, to determine this cause, it is only necessary to consider the first — “That the information is insufficient.”
While as a general rule it is sufficient to charge a statutory offense in the language of the statute, there.are exceptions to the rule.' The information must fully state the offense, and if the statutory words are not sufficient, it must be expanded beyond them.
“The criminal nature and degree of the offense 'must appear in allegation/ also the particular facts and circumstances which render the defendant…
2Cases cited1 opinion
- De Graff v. StateCourt of Criminal Appeals of Oklahoma · 1909
3Cited by8 opinions
- Allen v. StateCourt of Criminal Appeals of Oklahoma · 1937
- Casteel v. StateCourt of Criminal Appeals of Oklahoma · 1916
- Roberts v. StateCourt of Criminal Appeals of Oklahoma · 1924
- Wear v. StateCourt of Criminal Appeals of Oklahoma · 1925
- Hatfield v. StateCourt of Criminal Appeals of Oklahoma · 1918
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