Trione v State

Trione v State
1911 OK CR 433
117 P. 1134
6 Okl.Cr. 643
Case Number: No. A-708
Decided: 09/23/1911
Oklahoma Court of Criminal Appeals

Appeal from Superior Court, Pittsburg County; P.D. Brewer, Judge.

Charley Trione was convicted of violating the prohibitory law, and appeals. Reversed and remanded.

J.E. Whitehead, for plaintiff in error.

Smith C. Matson, Asst. Atty. Gen., for the State.

PER CURIAM. Plaintiff in error was convicted in the superior court of Muskogee 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 P. 291; Schafer v. State, 5 Okla. Cr. 598, Dalton v. State, infra, 116 P. 954, the judgment will be reversed and the cause remanded to the superior court of Pittsburg county with directions to grant a new trial.