Legal Opinion
McSpadden v. State
Court of Criminal Appeals of Oklahoma
Decided January 13, 1913No. A-1476PublishedCited by 12 opinions
Appeal from Rogers County Court; H. Tom Right, Judge. Otto McSpadden was convicted of unlawfully selling intoxicating liquors, and his punishment was assessed at a fine of $500 and six months’ imprisonment, and he appeals.
1Opinion of the CourtFurman, P. J.
We only deem it necessary to discuss one of the questions presented by the record. When this case was tried, counsel for appellant requested the court to instruct the jury that, if they found the defendant guilty, they might assess his punishment. This was denied by the court, to which action of the court appellant duly excepted at the time. Sections 2028 and 2029, Comp. Laws 1909, are as follows:
“Sec. 2028'. Jury May Assess Punishment. — In all cases of a verdict of conviction for any offense against any of the laws of the state of Oklahoma, the jury may, and shall upon the request of the…
2Cases cited2 opinions
- Fritz v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Ostendorf v. StateCourt of Criminal Appeals of Oklahoma · 1912
3Cited by12 opinions
- Ladd v. StateCourt of Criminal Appeals of Oklahoma · 1949
- Jones v. StateCourt of Criminal Appeals of Oklahoma · 1921
- Shanahan v. StateCourt of Criminal Appeals of Oklahoma · 1960
- Garrett v. StateCourt of Criminal Appeals of Oklahoma · 1942
- Mougell v. StateCourt of Criminal Appeals of Oklahoma · 1953
7 more not listed; retrieve them via the Exa API.