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Franklin v. State

Al Franklin and Elmer Johnson v. State.

Franklin v. State, 145 P. 1145 (Okla. Crim. App. 1900)
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Court
Court of Criminal Appeals of Oklahoma · State Appellate Courts
Decided
January 1, 1900
Docket
No. A-1676.
Judges
PER CURIAM.
Citations
145 P. 114511 Okla. Crim. 706
Disposition
Reversed as to Franklin and dismissed as to Johnson.
Summary
Appeal from County Court, Oklahoma County; John W. Hayson, Judge. A1 Franklin and Elmer Johnson were convicted of gaming, and appeal.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Per Curiam

PER CURIAM.

A1 Franklin and Elmer Johnson were convicted in the county court of Oklahoma county on a charge of operating a gambling game, and their punishment fixed at imprisonment in the county jail for a period of six months, and a fine of one thousand dollars each. An appeal from the judgment was duly lodged in this court. Counsel for plaintiff in error have called the attention of the court to the fact that Johnson has been pardoned by the Governor. This appeal, as to Johnson is, therefore,dismssed. There is no evidence in the record which tends reasonably to establish the offense charged against Franklin. The evidence overwhelmingly indicates the guilt of the plaintiff in error Johnson. A demurrer to the evidence as to Franklin should have been sustained by the trial court. The judgment as to him is reversed and the cause remanded with directions to grant a new trial.

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