Nowlin v. State
This text of 1912 OK CR 284 (Nowlin 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.
Opinion
Plaintiff in error was convicted in the district court of Pittsburg county upon an information charging him with selling liquor to a minor and was sentenced to imprisonment in the penitentiary for a term of one year. The act declaring this offense a felony and fix *714 ing the punishment therefor is unconstitutional and void, and the court therefore had no jurisdiction of the cause. Nowakowski v. State, 6 Okla. Cr. 123, 116 Pac. 351.
This prosecution having been instituted by information and not by indictment, the case is not transferable to the county court, but must be dismissed. Wychoff v. State, 6 Okla. Cr. 122, 116 Pac. 355. The judgment of the district court of Pittsburg county is therefore reversed and remanded with direction to dismiss.
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Cite This Page — Counsel Stack
1912 OK CR 284, 122 P. 1133, 7 Okla. Crim. 713, 1912 Okla. Crim. App. LEXIS 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nowlin-v-state-oklacrimapp-1912.