Munn v. State
| Citation | 114 P. 272,5 Okla.Crim. 245,1911 OK CR 68 |
| Parties | MUNN v. STATE. |
| Decision Date | 21 March 1911 |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
A resident district judge is authorized by law to appoint jury commissioners, and when the appointment is made, and it later develops that a portion or all of the commissioners appointed are disqualified to serve, a subsequent appointment of three additional commissioners is proper.
On a motion to set aside the jury panel on the ground that the jury commissioners were improperly appointed and the jury improperly drawn, the burden is on the persons attacking the regularity of the proceedings to establish their contention and, when this is not done, the motion to set aside should be overruled.
The trial court hearing a preliminary motion properly overrules a request for time, where no diligence is shown on the part of the party seeking to offer testimony to secure it, and have it present.
A motion to set aside an information on the ground that the person verifying it did not have positive knowledge of the acts set forth in the information is properly overruled where the verification is positive and regular.
When the body of the oath of the verification to an information contains a Christian name, and the oath is signed by the initials of the person verifying, and no question is raised as to the persons being one and the same during the trial and the record fails to show that the person complained of by the information was in any wise misled or injured, the verification will be held sufficient. If such verification is to be attacked, it should be done by motion to set aside the information, and proof introduced to show that the persons are not one and the same.
When a person is charged with the violation of the prohibitory law and witnesses for the state testify that the appellant had a grip of whisky, and on cross-examination state that the bottles were labeled whisky, and the liquid in them looked red and looked like whisky, and the jury finds the defendant guilty, and no proof is offered by the defendant on this proposition, the verdict will not be disturbed.
When a person is charged with conveying intoxicating liquors from a point unknown to some definite point named, and the proof shows that the person so charged when first discovered was conveying whisky, and fails to show from what definite point he started with it, it is sufficient to sustain the allegation.
When an information charges a person with unlawfully conveying whisky from one point in this state to another point therein, and alleges a point unknown to some definite point given, and the proof develops that the county attorney did know what point the whisky was conveyed from, the variance would be fatal. The proof in this case held to sustain the allegation of the information.
Appeal from Jefferson County Court; G. M. Bond, Judge.
Charles Munn was convicted of conveying intoxicating liquors, and appeals. Affirmed.
Bridges & Vertrees, for appellant.
Smith C. Matson, Asst. Atty. Gen., for the State.
Appellant was tried at the October, 1909, term of the county court in Jefferson county, and convicted of conveying intoxicating liquors from one point in this state to another point within the state. He was found guilty by a jury, and his punishment fixed at imprisonment in the county jail for 30 days and a fine of $50.
When the case was called for trial, the appellant moved to quash the jury panel, and offered certain proof in an effort to show that the jury commissioners were not properly appointed. The proof shows that three commissioners were originally appointed by Hon. Frank M. Bailey, judge of the district court of the Fifteenth judicial district; that two of the commissioners were disqualified by reason of the fact that they were interested in litigation pending in the district court, and one of them was sick and out of the state, the testimony tending to show he was in...
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