Kelly v. State

Court of Criminal Appeals of Oklahoma

Kelly v. State

1919 OK CR 48, 177 P. 626, 15 Okla. Crim. 677, 1919 Okla. Crim. App. LEXIS 33

Court of Criminal Appeals of Oklahoma·Decided February 20, 1919·No. No. A-2826.·Published

Opinion

PER CURIAM.

The plaintiff in error was, by the indictment duly returned by the grand jury in the district court of Muskogee county, ■charged with keeping a place in the city of Muskogee with the intent and purpose of selling intoxicating liquors. Upon his trial the jury returned a verdict finding him guilty and assessing his punishment at 30 days’ confinement in the county jail and a fine of $150. To reverse the judgment entered on the verdict he appeals.

In the case of Proctor v. State, 15 Okla. Cr. 338, 175 Pac. 771, the statute upon Svhich this pr^secnton was based was held ur. onsti-tutional and void. For the reasons stated in that opinion, the judgment appealed from is reversed.

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PER CURIAM.

The plaintiff in error was, by the indictment duly returned by the grand jury in the district court of Muskogee county, ■charged with keeping a place in the city of Muskogee with the intent and purpose of selling intoxicating liquors. Upon his trial the jury returned a verdict finding him guilty and assessing his punishment at 30 days’ confinement in the county jail and a fine of $150. To reverse the judgment entered on the verdict he appeals.

In the case of Proctor v. State, 15 Okla. Cr. 338, 175 Pac. 771, the statute upon Svhich this pr^secnton was based was held ur. onsti-tutional and void. For the reasons stated in that opinion, the judgment appealed from is reversed.

Kelly v. State, 1919 OK CR 48, 177 P. 626, 15 Okla. Crim. 677, 1919 Okla. Crim. App. LEXIS 33 (Okla. Ct. App. 1919).

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Opinion

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