Robertson and Poteet v. State
This text of 1911 OK CR 429 (Robertson and Poteet 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
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.
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Cite This Page — Counsel Stack
1911 OK CR 429, 117 P. 1133, 6 Okla. Crim. 641, 1911 Okla. Crim. App. LEXIS 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robertson-and-poteet-v-state-oklacrimapp-1911.