Caudill v State

Caudill v State
1913 OK CR 337
133 P. 1195
10 Okl.Cr. 643
Case Number: No. A-2048
Decided: 08/02/1913
Oklahoma Court of Criminal Appeals

Appeal from County Court, Custer County; J.C. McKnight, Judge.

Bulow & Walton, for plaintiff in error.

Chas. West, Atty. Gen., and C.J. Davenport, Asst. Atty. Gen., for the State.

PER CURIAM. In this case the Attorney General has filed a motion to dismiss appeal, which reads as follows: "Comes now the state of Oklahoma by the Attorney General and moves the court to dismiss the appeal herein, and for grounds for said motion shows: That heretofore, to wit, on the 17th day of July, 1912, in the case of State of Oklahoma vs. W.M. Caudill, pending in the county court of Custer county, a verdict was returned by a jury finding the defendant guilty upon an information charging the maintenance of a place where intoxicating liquors were received and kept for sale, etc. That the court upon said verdict imposed a fine of one hundred fifty dollars, but did not impose a jail sentence as required by the laws of Oklahoma for violation of the liquor laws. That thereafter and on October 24, 1912, an appeal was prosecuted from said judgment. That on December 7, 1912, the state filed a motion for an order to remand the cause for proper judgment; that the case was set for submission on March 7, 1913, at which time