Hill v. State
Court of Criminal Appeals of Oklahoma
J ppeal from, Superior Court, Logan County; J. M. Sandlin, Judges The county attorney of Logan County filed in the Superior Court of that county an information against Tillie Hill charging her with the offense of unlawfully having in her possession certain spirituous, fermented and malt liquors with the intent on her part to violate section 1, article 3, chapter 69 of the Session Laws of 1907-8, by selling said liquors.
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J ppeal from, Superior Court, Logan County; J. M. Sandlin, Judges The county attorney of Logan County filed in the Superior Court of that county an information against Tillie Hill charging her with the offense of unlawfully having in her possession certain spirituous, fermented and malt liquors with the intent on her part to violate section 1, article 3, chapter 69 of the Session Laws of 1907-8, by selling said liquors. When the cause was called for trial she demanded a jury of twelve men, which was overruled and she excepted. She was placed on trial before a jury of only six men, who found…
1Opinion of the Court
.RICHARDSON, Judge.
The question of paramount importance in this ease is whether á defendant, over his objection, can be lawfully placed upon trial in the superior court for a misdemeanor before a jury composed of only six men. We are compelled to answer the question in the negative.
Section 19 of article 2 of our Constitution 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…
2Cases cited1 opinion
- People v. LubyMichigan Supreme Court · 1885
3Cited by21 opinions
- Wilkins v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Ex Parte AndersonSupreme Court of Oklahoma · 1912
- Dalton v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Buckley v. StateCourt of Criminal Appeals of Oklahoma · 1940
- Hargis v. StateCourt of Criminal Appeals of Oklahoma · 1926
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