Court of Criminal Appeals of Oklahoma, 1912

Nowlin v. State

Nowlin v. State
Court of Criminal Appeals of Oklahoma · Decided April 5, 1912 · Cueiam
122 P. 1133; 7 Okla. Crim. 713; 1912 OK CR 284; 1912 Okla. Crim. App. LEXIS 117

Nowlin v. State

Opinion of the Court

PEE CUEIAM.

Plaintiff in error was convicted in the district court of Pittsburg county upon an information charging him with selling liquor to a minor and was sentenced to imprisonment in the penitentiary for a term of one year. The act declaring this offense a felony and fix *714 ing the punishment therefor is unconstitutional and void, and the court therefore had no jurisdiction of the cause. Nowakowski v. State, 6 Okla. Cr. 123, 116 Pac. 351.

This prosecution having been instituted by information and not by indictment, the case is not transferable to the county court, but must be dismissed. Wychoff v. State, 6 Okla. Cr. 122, 116 Pac. 355. The judgment of the district court of Pittsburg county is therefore reversed and remanded with direction to dismiss.

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