¶1 Plaintiff in error was convicted in the superior court of Muskogee county for the crime of selling intoxicating liquor, and was sentenced to serve sixty days in the county jail and pay a fine of two hundred dollars. A trial was had before a jury composed of only 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, the judgment will be reversed, and the cause remanded to the superior court of Muskogee county, with direction to grant a new trial.
6 Okla. Crim. 646
117 P 1135
Weaver v. State
Court of Criminal Appeals of Oklahoma
Decided September 23, 1911
Court of Criminal Appeals of Oklahoma · decided 1911-09-23
<p>Appeal from Superior Court, Muskogee County; Parrar L. McCain, Judge.</p> <p>J. D. Weaver was convicted of violating the prohibitory law, and ajipeals.</p>
Reversed and remanded · Decided 1911-09-23