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Nowlin v. State

1912 OK CR 284, 122 P. 1133, 7 Okla. Crim. 713, 1912 Okla. Crim. App. LEXIS 117
Procedural entryThis page is a short order in Nowlin v. State. Read the opinion of the Court — 7 Okla. Crim. 27 →
Court of Criminal Appeals of Oklahoma·Decided April 5, 1912·No. No. A-535.·Published

Opinion

PEE CUEIAM.

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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Nowlin v. State, 1912 OK CR 284, 122 P. 1133, 7 Okla. Crim. 713, 1912 Okla. Crim. App. LEXIS 117 (Okla. Ct. App. 1912).

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Related

Nowakowski v. State
1911 OK CR 265 (Court of Criminal Appeals of Oklahoma, 1911)
Wychoff v. State
1911 OK CR 264 (Court of Criminal Appeals of Oklahoma, 1911)