Scott v. State

• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma
• Citation: 109 P. 240,4 Okla.Crim. 70,1910 OK CR 156
• Parties: SCOTT v. STATE.
• Decision Date: 28 May 1910

109 P. 240

4 Okla.Crim. 70, 1910 OK CR 156

SCOTT v. STATE.

Court of Criminal Appeals of Oklahoma

May 28, 1910

Appeal from Washita County Court; L. R. Shean, Judge.

W. P Scott was convicted of a violation of the prohibition law and he appeals. Reversed.

An information charging defendant with unlawfully carrying whisky from one place to another within the state, and also that he did on a certain date willfully give away whisky to a person named, was a violation of Snyder's St. p 6699, 22 Okl.St.Ann. § 404, providing that an indictment must charge but one offense.

Knott & Smith, for plaintiff in error.

Fred S Caldwell, for the State.

PER CURIAM.

The plaintiff in error was convicted in the county court of Washita county upon an information the charging part of which is as follows: "Did then and there, willfully and unlawfully carry intoxicating liquor, to wit, whisky, from one place within the state to another therein, the said whisky so conveyed not being a lawful purchase, as authorized by the laws of Oklahoma. The above count is based upon complaint of W. H. Dean duly filed April 20, 1908, which is referred to and made a part of this information. Second. Said P. W. Scott did on the 20th day of April, 1908, willfully and unlawfully give away and otherwise furnish intoxicating liquor, to wit, whisky, to one Enoch Montgomery, contrary to the form of the statute," etc. To which information a demurrer was filed, alleging, among other grounds, that the information charges or pretends to charge two offenses. Upon a trial had the jury returned the following verdict: "We, the jury, duly impaneled and sworn to try the issues in the above-entitled cause, do upon our oaths find the defendant guilty." On May 9, 1908 judgment was entered, and the defendant was sentenced to pay a fine of $125 and be confined for a period of 75 days in the county jail. From which judgment and sentence an appeal was taken by filing in this court on May 8, 1909, a petition in error with case-made attached.

The first assignment of error alleged in the petition is "That the court erred in overruling the demurrer to the information filed in said cause." Section 6699, Snyder's Statutes, provides: "The indictment must charge but one offense, but where the same acts may constitute different offenses, or the proof may be uncertain as to which of two or more offenses the accused may be guilty of, the different offenses, may be...