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Flowers v. State

A.C. Flowers v. State.

Flowers v. State, 1913 OK CR 12, 129 P. 81
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Court
Court of Criminal Appeals of Oklahoma · State Appellate Courts
Decided
January 13, 1913
Docket
No. A-1530.
Judges
Armstrong, Furman, Doyte
Citations
129 P. 811913 OK CR 128 Okla. Crim. 5021913 Okla. Crim. App. LEXIS 32
Disposition
Reversed and remanded, with direction to dismiss.
Syllabus
INTOXICATING LIQUORS — Statutory Provisions — Constitutionality. A conviction based upon section 4, c. 70, Sess. Laws 1910-11, cannot be sustained under the doctrine laid down in Ex parte Wilson, 6 Okla. Or. 451, 119 Pae. 596.
Summary
Appeal from Stephens County Court; W. H. Admire, Judge. A. C. Flowers was convicted of violating the prohibitory law, and appeals.

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

Opinion of the Court — Armstrong

*503 ARMSTRONG, J.

The prosecution in this case was based upon section 4, c. 70, Sess. Taws 1910-11; the charging part of the information being as follows:

“ * * * The said A. C. Flowers, late of Stephens county, and within the jurisdiction of this court, did willfully and unlawfully have in his possession at his place of business more than one quart of intoxicating liquor, to wit, 41 quarts of beer, contrary to the form of the statutes,” etc.

The punishment imposed in this case was imprisonment for 30 days in the county jail and a fine of $50. Upon the conviction, a motion for a new trial was filed and overruled, and the judgment and sentence followed. The Attorney General has filed a confession of error setting out that this' conviction is based on a statute heretofore declared unconstitutional by this court. The question here raised was determined by this court in Ex parte Wilson, 6 Okla. Cr. 451 , 119 Pac. 596 , wherein the act in question was declared unconstitutional.

Following the rule laid down in that case, the judgment is reversed, and the cause remanded, with direction to the trial court to dismiss.

FURMAN, P. J., and DOYTE, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1923: 11925: 11927: 11942: 11952: 11954: 119232026peak 1923 · 1

Relies on it most ⓘ

  1. Thomas v. State1927 OK CR 316, 260 P. 515
  2. Thompson v. State1923 OK CR 306, 222 P. 568
  3. Sherfield v. State1952 OK CR 169, 252 P.2d 165
  4. Botts v. State1925 OK CR 49, 232 P. 965
  5. Saffa v. State1942 OK CR 103, 128 P.2d 241
  6. Butler v. State1954 OK CR 50, 269 P.2d 371

Most recent

  1. Butler v. State1954 OK CR 50, 269 P.2d 371
  2. Sherfield v. State1952 OK CR 169, 252 P.2d 165
  3. Saffa v. State1942 OK CR 103, 128 P.2d 241
  4. Thomas v. State1927 OK CR 316, 260 P. 515
  5. Botts v. State1925 OK CR 49, 232 P. 965
  6. Thompson v. State1923 OK CR 306, 222 P. 568

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Ex Parte Wilson, 1911 OK CR 326, 119 P. 596 20

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