Rea v. State
Court of Criminal Appeals of Oklahoma
Appeal from Pontotoc County Court; Joel Terrell, Judge. W. C. Rea was convicted oí unlawfully selling intoxicating liquor, _ and he appeals. The plaintiff in error, hereinafter designated as defendant, was convicted in the county of Pontotoc county, on an information charging that, in Pontotoc count}', Okla., on July 15, 1908, the said defendant did unlawfully sell, barter, give away, and furnish one Wes Hattox intoxicating liquor, to wit, alcohol.
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Appeal from Pontotoc County Court; Joel Terrell, Judge. W. C. Rea was convicted oí unlawfully selling intoxicating liquor, _ and he appeals. The plaintiff in error, hereinafter designated as defendant, was convicted in the county of Pontotoc county, on an information charging that, in Pontotoc count}', Okla., on July 15, 1908, the said defendant did unlawfully sell, barter, give away, and furnish one Wes Hattox intoxicating liquor, to wit, alcohol. The cause came on for trial on the 4th day of February, 1909, which resulted in a verdict of guilty. Motion for a new trial was filed, overruled,…
1Opinion of the Court
First. The first contention of counsel for the defendant is as follows: "Because the state did not prove the alleged sale to have been made within the period of the statute of limitations." This contention presents the defense of the statute of limitations.
This question has been passed upon by the Supreme Court of Oklahoma Territory in the case of Coleman v. Territory,5 Okla. 201, 47 P. 1079. After a lengthly and able opinion by Judge Tarsney, in which he cites and discusses all of the leading American cases and text-writers on this subject, he says:
"The defense of the statute of limitations…
2Cases cited3 opinions
- Coleman v. the Territory of OklahomaSupreme Court of Oklahoma · 1897
- Williams v. United StatesSupreme Court of Oklahoma · 1906
- Swaggart v. TerritorySupreme Court of Oklahoma · 1897
3Cited by23 opinions
- United States v. ThompsonSupreme Court of the United States · 1920
- Davenport v. StateCourt of Criminal Appeals of Oklahoma · 1921
- Osborn v. StateCourt of Criminal Appeals of Oklahoma · 1948
- Maddox v. StateCourt of Criminal Appeals of Oklahoma · 1916
- Tucker v. StateCourt of Criminal Appeals of Oklahoma · 1984
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