Ballard v. State

Court of Criminal Appeals of Oklahoma

Ballard v. State

1913 OK CR 231, 132 P. 1192, 9 Okla. Crim. 737, 1913 Okla. Crim. App. LEXIS 204

CourtCourt of Criminal Appeals of Oklahoma

DecidedJune 27, 1913

DocketNo. A-1633.

StatusPublished

This text of 1913 OK CR 231 (Ballard v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ballard v. State, 1913 OK CR 231, 132 P. 1192, 9 Okla. Crim. 737, 1913 Okla. Crim. App. LEXIS 204 (Okla. Ct. App. 1913).

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Opinion

PER CURIAN.

This appeal is prosecuted from a conviction hhd in the county court of Cherokee county, on an information which charged that “Henry Ballard on the day and date aforesaid at, in' and about his place of residence in the city of Tahlequah, in the county and state aforesaid, did then and there ‘unlawfully have in his possession and keeping, more than one gallon of spirituous liquors.” Upon arraignment the defendant interposed a general demurrer to the information, which was overruled by the court. This-is a prosecution based upon See. 4, Ch. 70, Laws 1910-11. The Attorney General has filed a confession' of error' upon the authority of Ex parte Wilson, 6 Okla. Cr. 461, 119 Pac. 596. The Confession of error is sustained and the judgment is reversed arid the cause remanded with direction to dismiss.

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PER CURIAN.

This appeal is prosecuted from a conviction hhd in the county court of Cherokee county, on an information which charged that “Henry Ballard on the day and date aforesaid at, in' and about his place of residence in the city of Tahlequah, in the county and state aforesaid, did then and there ‘unlawfully have in his possession and keeping, more than one gallon of spirituous liquors.” Upon arraignment the defendant interposed a general demurrer to the information, which was overruled by the court. This-is a prosecution based upon See. 4, Ch. 70, Laws 1910-11. The Attorney General has filed a confession' of error' upon the authority of Ex parte Wilson, 6 Okla. Cr. 461, 119 Pac. 596. The Confession of error is sustained and the judgment is reversed arid the cause remanded with direction to dismiss.

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Bluebook (online)

1913 OK CR 231, 132 P. 1192, 9 Okla. Crim. 737, 1913 Okla. Crim. App. LEXIS 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ballard-v-state-oklacrimapp-1913.

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