Miller v. State

1920 OK CR 154, 191 P. 1119, 17 Okla. Crim. 734, 1920 Okla. Crim. App. LEXIS 151

Opinion

PER CURIAM.

The plaintiff in error. Sam Miller, was convicted in the police court of the city of Enid of violating a city ordinance, and lie appealed to the county court of Garfield county, where upon his trial he was again convicted, and in accordance with the verdict of the jury was sentenced to pay a fine of $5 and the costs. Prom this latter judgment, he appealed to this court. The penalty for the violation of the ordinance in question is a fine of not less than $5 nor more than $50. Por the reasons stated in tire opinions of the court in the eases of Ex parte Johnson, 13 Okla. Cr. 30, 161 Pac. 1097 and Ex parte Monroe, 13 Okla. Cr. 62, 162 Pac. 238, we are of opinion that the proceedings had upon the trial and conviction of the plaintiff in error were illegal and void. The judgment is therefore reversed -and the cause remanded.