Antonelli v State

Antonelli v State
1910 OK CR 68
107 P. 953
3 Okl.Cr. 585
Case Number: No. A-30
Decided: 03/22/1910
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

1. JURISDICTION District Courts Misdemeanors.

2. INTOXICATING LIQUORS Indictment Sufficiency Venue.

Page 586

necessary that the indictment allege the particular place in Pittsburg county where the liquor was sold.

3. INDICTMENT AND INFORMATION Duplicity.

4. INTOXICATING LIQUORS Illegal Sale of "Beer" Burden of Proof.

Error from Pittsburg County Court; R.W. Higgins, Judge.

The plaintiffs in error, Paul Antonelli and A.H. Dreyfus, were indicted in the district court of Pittsburg county on the 29th day of January, 1908, charged with violating the provision of the Constitution against the sale of intoxicating liquor, were convicted and sentenced to imprisonment in the county jail for a term of six months and to pay a fine of $500.

The case is before us on appeal. Affirmed.

The plaintiffs in error were indicted in the district court of Pittsburg county on the 29th day of January, 1908, charged with violating the provision of the Constitution against the sale of intoxicating liquor, were convicted, and sentenced to imprisonment in the county jail for a term of six months and to pay a fine of $500. The case is before us on appeal.

J.G. Harley, for plaintiffs in error.

Fred S. Caldwell, for the State.

OWEN, JUDGE. The questions involved in this case are in all things identical with the case of Paul Antonelli v. State, (No. A-29, decided at this term) ante, p. 580, 107 P. 951, and the decision of this court in that case determines the questions here. In disposing of this case, we deem it unnecessary to do more than to refer to that case, together with the authorities there cited.

The judgment of the lower court is affirmed.