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SHIEVER v. STATE

No. A-11314.

94 Okla. Cr. 37 (1951)

230 P.2d 282

SHIEVER v. STATE.

Criminal Court of Appeals of Oklahoma.

April 11, 1951.

Attorney(s) appearing for the Case

Ralph B. Simcoe and Guy L. Horton, Stillwater, and Rutherford H. Brett, and J.W. Murphy, Oklahoma City, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., and Owen J. Watts, Asst. Atty. Gen., for defendant in error.

POWELL, J.

Ed Shiever was charged by information filed in the district court of Payne county with unlawful possession of intoxicating liquor, second or subsequent offense (a charge based on Tit. 37 O.S.A. § 12), though the descriptive label as set out in the first paragraph of the information indicated a charge of being an habitual violator of the prohibition laws of the State of Oklahoma, (which would have been a charge founded on Tit. 37 O.S.A. § 14, and...

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