Plaintiff in error, Jack Treadway, defendant below, was charged by information in the County Court of Muskogee County, Oklahoma, with the offense of unlawful possession of 62 bottles of assorted tax-paid liquors. 37 O.S. 1951 § 31. The alleged offense occurred on January 31, 1958. The defendant was tried by a jury, convicted, but the jury being unable to agree on the penalty, left the same to the trial...
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