McCord v. State
Court of Criminal Appeals of Oklahoma
Error from Grady Gouniy Court; N. M. Williams, Judge. Josh McCord was convicted of having in his possession intoxicating liquor with intent to sell the same in violation of the prohibition law, and he brings error.
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Error from Grady Gouniy Court; N. M. Williams, Judge. Josh McCord was convicted of having in his possession intoxicating liquor with intent to sell the same in violation of the prohibition law, and he brings error. The plaintiff in error, Josh McCord (hereinafter designated as defendant), was, at the May term, 1908, of the county court of Grady county, convicted on an information, the charging part of which reads as follows: “That at and within said county and state on the 16th day of April, 1908, Josh McCord then and there being, did then and there, wilfully, unlawfully have in his…
1Opinion of the Court
DOYLE, Judge,
(after stating the facts as above). The testimony showed that the five barrels containing beer were shipped from Ft. Worth, Tex., to the defendant at Chickasha, Old a. The transaction was therefore one of interstate commerce, and within the exclusive jurisdiction of Congress. We believe the instructions requested by the defendant and refused by the court should have been given, for the reasons set forth in the second instruction requested; the first, as a peremptory instruction, directing a verdict of acquittal, because on the undisputed facts, as a matter of law, the evidence…
2Cases cited24 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Lawton v. SteeleSupreme Court of the United States · 1894
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Leisy v. HardinSupreme Court of the United States · 1890
19 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Couch v. StateCourt of Criminal Appeals of Oklahoma · 1941
- Ex Parte WilsonCourt of Criminal Appeals of Oklahoma · 1911
- Titsworth v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Ex Parte DavisCourt of Criminal Appeals of Oklahoma · 1939
- Houston v. StateCourt of Criminal Appeals of Oklahoma · 1937
13 more not listed; retrieve them via the Exa API.