Clary v. State

1911 OK CR 333, 115 P. 1126, 6 Okla. Crim. 597, 1911 Okla. Crim. App. LEXIS 281

Opinion

PEE CUEIAM.

The plaintiff in error was convicted in the Seminole county court at the October, 1909, term, on a charge of selling intoxicating liquor, and his punishment fixed at a fine of one hundred fifty dollars and imprisonment in the county jail for a period of thirty days. The record in this ease discloses the fact that this was a very strenuous trial. The trial judge seems to have overlooked the fact that it was his duty to preside in a fair and impartial manner, and in a great many ways he was guilty of conduct prejudicial to the substantial rights of the plaintiff in error. It would be a gross miscarriage of* justice to permit a conviction to stand, had under proceedings as are disclosed by this record. The judgment of the trial court is reversed and the cause remanded for a new trial.