Kelly v. State

PER CURIAM. The plaintiff in error was, by the indictment duly returned by the grand jury in the district court of Muskogee county, ■charged with keeping a place in the city of Muskogee with the intent and purpose of selling intoxicating liquors. Upon his trial the jury returned a verdict finding him guilty and assessing his punishment at 30 days’ confinement in the county jail and a fine of $150. To reverse the judgment entered on the verdict he appeals. In the case of Proctor v. State, 15 Okla. Cr. 338, 175 Pac. 771, the statute upon Svhich this pr^secnton was based was held ur. onsti-tutional and void. For the reasons stated in that opinion, the judgment appealed from is reversed.