Milton v State

Milton v State
1910 OK CR 210
111 P. 654
4 Okl.Cr. 372
Case Number: No. A-215
Decided: 11/23/1910
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

INDICTMENT AND INFORMATION Duplicity Separate Offenses.

Appeal from Oklahoma County Court; Sam Hooker, Judge.

N.J. Milton was convicted of violating the prohibitory law, and appeals. Reversed and remanded.

Giddings & Giddings, for appellant.

Fred S. Caldwell, for the State.

PER CURIAM. The statute makes it an offense for any person to sell, barter, give away, or otherwise dispose of any spirituous, vinous, fermented, or malt liquors, or any imitation thereof or substitute therefor. It also goes further, and makes it a separate and distinct offense for any person to have in his possession any such liquor with the intention of violating any of the provisions of the prohibitory liquor law. The information in this case charged the defendant with both of the above-named offenses. The defendant demurred to the information on the ground of duplicity. This demurrer was overruled by the court. In this there was error. Our statute in express terms declares that an information or indictment must charge but one offense. See Wells v. Terr., 1 Okla. Cr. 469, 98 P. 483; Sturgis v. State, 2 Okla. Cr. 362, 102 P. 57.