Crawford v. State

Court of Criminal Appeals of Oklahoma

Crawford v. State

1911 OK CR 26, 113 P. 200, 5 Okla. Crim. 33, 1911 Okla. Crim. App. LEXIS 29

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 6, 1911

DocketNo. A-293.

StatusPublished

Cited by2 cases

This text of 1911 OK CR 26 (Crawford 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.

Bluebook

Crawford v. State, 1911 OK CR 26, 113 P. 200, 5 Okla. Crim. 33, 1911 Okla. Crim. App. LEXIS 29 (Okla. Ct. App. 1911).

Pincite

Opinion

FURMAN, PRESIDING Judge.

Appellant was indicted, charged with the offense of selling intoxicating liquors, and convicted by the jury. His punishment was assessed by the court at a fine of $250 and imprisonment in the county jail for a period of 60 days.

The only evidence introduced by the state was that the defendant had sold bitters. No proof was offered showing that the bitters sold by the defendant were intoxicating. Courts do not take judicial notice of the fact that bitters are intoxicating. The evidence is insufficient to sustain the verdict.

The judgment of the lower court is therefore reversed, with directions to the county attorney to dismiss this prosecution, unless he can prove that the bitters sold by the defendant to the prosecuting witness were intoxicating.

ARMSTRONG and DOYLE, Judges, concur.

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