Schafer v. State

1911 OK CR 128, 115 P. 379, 5 Okla. Crim. 598, 1911 Okla. Crim. App. LEXIS 174

• Court: Court of Criminal Appeals of Oklahoma
• Decided: May 9, 1911
• Docket: Nos. A-604, 605, 606.
• Status: Published

Opinion

PER CURIAM.

The plaintiffs in error in each of the above-entitled causes were informed against, tried, and convicted in the superior court of Logan county for violations, of the prohibition law.

• The trial in each case was had before a jury composed of only six jurors, and the question presented on each appeal is whether a defendant, over his objection, can be lawfully placed upon trial in a superior court for a misdemeanor before a jury of six men. The record shows that in each case, an objection was interposed by defendants and the demand made for trial before a jury of twelve men.

This question has heretofore been passed upon by this court in the case of Tillie Hill v. State, 3 Okla. Cr. 686, 109 Pac. 291, wherein it was held that:

“Under the Constitution twelve men constitute a jury in the superior courts in all cases. In civil cases and misdemeanors it requires the concurrence of at least nine jurors to render a verdict, and in felony cases the concurrence of the full twelve.”

The court therefore erred in overruling the demand of plaintiffs in error for a jury of twelve men.

For this reason the judgments pronounced and entered in the above-entitled causes are hereby reversed, and said causes remanded to the superior court of Logan county with direction to grant new trials.