Ballard v. State

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

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.