Meek v. State

Court of Criminal Appeals of Oklahoma

Meek v. State

1911 OK CR 539, 116 P. 356, 6 Okla. Crim. 741, 1911 Okla. Crim. App. LEXIS 307

CourtCourt of Criminal Appeals of Oklahoma

DecidedJuly 3, 1911

DocketNo. A-915.

StatusPublished

Cited by1 cases

This text of 1911 OK CR 539 (Meek 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

Meek v. State, 1911 OK CR 539, 116 P. 356, 6 Okla. Crim. 741, 1911 Okla. Crim. App. LEXIS 307 (Okla. Ct. App. 1911).

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Opinion

RICHARDSON, Special Judge.

Trial of this cause was had in the district court of Pattawatomie county upon an indictment charging plaintiff in error with the crime of selling intoxicating liquor to a minor, and resulted in a verdict of guilty and a sentence imposing upon plaintiff in error a term of imprisonment in the penitentiary. This appeal challenges the constitutionality of the act (Sess. Laws 1909, p. 164) under which this prosecution was instituted and carried on. The same question has just been passed upon by this court in the case of John Nowakowski v. State, ante, 116 Pac. 351, in which it was held that the act in question remits the fine which the Constitution has imposed for the illegal sale of liquor, and that it places the minimum term of imprisonment for the offense higher than the Constitution has placed, it, and that the act is therefore unconstitutional and void. That case is decisive of this.

The judgment of the lower court will therefore be reversed, and the cause remanded, with directions to transfer the same to the county court or superior court for trial.

FURMAN, P. J., and DOYLE, J., concur; ARMSTRONG, J., disqualified and not sitting

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RICHARDSON, Special Judge.

Trial of this cause was had in the district court of Pattawatomie county upon an indictment charging plaintiff in error with the crime of selling intoxicating liquor to a minor, and resulted in a verdict of guilty and a sentence imposing upon plaintiff in error a term of imprisonment in the penitentiary. This appeal challenges the constitutionality of the act (Sess. Laws 1909, p. 164) under which this prosecution was instituted and carried on. The same question has just been passed upon by this court in the case of John Nowakowski v. State, ante, 116 Pac. 351, in which it was held that the act in question remits the fine which the Constitution has imposed for the illegal sale of liquor, and that it places the minimum term of imprisonment for the offense higher than the Constitution has placed, it, and that the act is therefore unconstitutional and void. That case is decisive of this.

The judgment of the lower court will therefore be reversed, and the cause remanded, with directions to transfer the same to the county court or superior court for trial.

FURMAN, P. J., and DOYLE, J., concur; ARMSTRONG, J., disqualified and not sitting

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Bluebook (online)

1911 OK CR 539, 116 P. 356, 6 Okla. Crim. 741, 1911 Okla. Crim. App. LEXIS 307, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meek-v-state-oklacrimapp-1911.

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