Edwards v State

Edwards v State
1912 OK CR 409
127 P. 872
8 Okl.Cr. 341
Case Number: No. A-1420
Decided: 11/18/1912
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

JURY Challenge to Panel Grounds.

Appeal from Oklahoma County Court; John W. Hayson, Judge

W.D. Edwards was convicted of violating the prohibitory law, and his punishment assessed at a fine of $500 and six months' confinement in the county jail, and he appeals. Affirmed.

Page 342

Pruiett & Sniggs

Smith C. Matson

FURMAN, P.J. The challenge to the panel in this case is simply a statement of conclusions of law, and does not state any fact from which it is made to appear that appellant suffered material prejudice. This question has already been passed upon in the case of Wood v. State, 3 Okla. Cr. 568, 107 P. 944. This court there said:

"It will be seen from section 6795 of this act that the challenge to the panel must be founded on facts from which the defendant has suffered material prejudice."

We find no material errors in the ruling of the trial court. The jury were the exclusive judges of the credibility of the witnesses. The testimony of the state amply sustains the verdict. No testimony was offered by appellant.