Court of Criminal Appeals of Oklahoma, 1911

Thurston v. State

Thurston v. State
Court of Criminal Appeals of Oklahoma · Decided September 23, 1911 · PER CURIAM.
117 P. 1134; 6 Okla. Crim. 650; 1911 OK CR 448; 1911 Okla. Crim. App. LEXIS 404

Thurston v. State

Opinion of the Court

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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