Court of Criminal Appeals of Oklahoma, 1911

Collins v. State

Collins v. State
Court of Criminal Appeals of Oklahoma · Decided September 23, 1911 · Cubiam
117 P. 1128; 6 Okla. Crim. 649; 1911 OK CR 447; 1911 Okla. Crim. App. LEXIS 366

Collins v. State

Opinion of the Court

PEB CUBIAM.

Plaintiff in error was convicted in the superior court of Muskogee county for a violation of uhe prohibition law and was sentenced to a term of thirty” days in the county jail and pay a fine of two hundred dollars. A trial was had before a jury composed of six men. The record does not show that the defendant waived his right to a trial by a 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; Dalton v. State, infra., 116 Pac. 954, and Antonelli v. State, infra, the judgment will be reversed and the cause remanded to the superior court of Muskogee county with direction to grant a new trial.

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