Thurston v. State

Court of Criminal Appeals of Oklahoma

Thurston v. State

1911 OK CR 448, 117 P. 1134, 6 Okla. Crim. 650, 1911 Okla. Crim. App. LEXIS 404

Court of Criminal Appeals of Oklahoma·Decided September 23, 1911·No. No. A-657.·Published

Opinion

PER CURIAM.

Plaintiff in error was convicted in the superior court of Logan county for the crime of selling intoxicating liquor and was sentenced to serve a term of thirty days in the county jail and pay a fine of fifty dollars. A trial was had before a jury composed of only six men. The record does not show that the defendant waived her right to a trial by 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, infra, 116 Pac. 954, the judgment will be reversed and the cause remanded to the superior court of Logan county with direction to grant a new trial.

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PER CURIAM.

Plaintiff in error was convicted in the superior court of Logan county for the crime of selling intoxicating liquor and was sentenced to serve a term of thirty days in the county jail and pay a fine of fifty dollars. A trial was had before a jury composed of only six men. The record does not show that the defendant waived her right to a trial by 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, infra, 116 Pac. 954, the judgment will be reversed and the cause remanded to the superior court of Logan county with direction to grant a new trial.

Thurston v. State, 1911 OK CR 448, 117 P. 1134, 6 Okla. Crim. 650, 1911 Okla. Crim. App. LEXIS 404 (Okla. Ct. App. 1911).

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Opinion

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