Robertson and Poteet v. State

1911 OK CR 429, 117 P. 1133, 6 Okla. Crim. 641, 1911 Okla. Crim. App. LEXIS 399

Opinion

PER CURIAM.

The plaintiffs in error were informed against, tried and convicted in the superior court of Logan county for a violation of the prohibition law. A trial was had before a jury composed of only six men. The record does not show that the defendants waived their right to a trial by a jury of twelve men. It is assigned as error that the court erred in refusing the defendants' demand for a trial by a jury of twelve men. Under the authority of Hill v. State, 3 Okla. Cr. 686, 109 Pac. 291; Schafer v. State, 5 Okla. Cr. 598, 115 Pac. 379, and Dalton v. State, 6 Okla. Cr. infra, 116 Pac. 594, the judgments pronounced and entered are hereby reversed and said cause remanded to the superior court of Logan county with direction to grant a new trial.