Court of Criminal Appeals of Oklahoma, 1911

Trione v. State

Trione v. State
Court of Criminal Appeals of Oklahoma · Decided September 23, 1911 · PER CURIAM.
117 P. 1134; 6 Okla. Crim. 643; 1911 OK CR 433; 1911 Okla. Crim. App. LEXIS 405

Trione v. State

Opinion of the Court

PER CURIAM.

Plaintiff in error was convicted in the superior county for the crime of selling intoxicating liquor, and was sentenced to pay a fine of fifty dollars and serve sixty days in the county jail. A trial was had before a jury composed of only six men. The record does not show that the plaintiff in error 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, Dalton v. State, infra, 116 Pac. 954, the judgment will be reversed and the cause remanded to the superior court of Pittsburg county with directions to grant a new trial.

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