Bourbonnais v. State
This text of 1911 OK CR 367 (Bourbonnais 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.
Opinion
Plaintiff in error was indicted, tried and convicted in the district court of Pottawatomie county of the crime of selling intoxicating liquor to a minor and was sentenced to imprisonment in the penitentiary for a term of four years. Judgment and sentence was entered on June 24, 1910. Prom which judgment an appeal was taken by filing in this court on December 23rd, 1910, a petition in error with case-made attached. This appeal .challenges the constitutionality of the act (Sess. Laws 1909, p. 166) under which this prosecution was had. The identical question was passed upon by this court in the case of Nowakowski v. State, infra, 116 Pac. 351, in which it was held that the act in question declaring this offense a felony and fixing the punishment therefor is unconstitutional and void. See also Meek v. State, infra, 116 Pac. 356. The judgment of the district court of Pottawatomie county is therefore reversed and the cause remanded.
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Cite This Page — Counsel Stack
1911 OK CR 367, 116 P. 1134, 6 Okla. Crim. 614, 1911 Okla. Crim. App. LEXIS 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bourbonnais-v-state-oklacrimapp-1911.