other intoxicating liquor, including beer, so seized by order of the court, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than $50 or more than $100, and imprisoned in the county jail not less than thirty days or more than six months for each offense. (S. L. 1919, 36)

1859. False Affidavits-Any officer wilfully making a false affidavit, as provided in Section One of this Act, shall be guilty of perjury and upon conviction therefor shall be imprisoned in the penitentiary not less than two years nor more than five years for each offense. (S. L. 1919, 36.)

1860. Bone-Dry Law-It shall be unlawful for any person in this state to receive directly or indirectly any liquors, the sale of which is prohibited by the laws of this State, from a common or other carrier.

It shall also be unlawful for any person in this State to possess any liquor, the sale of which is prohibited by the laws of this State, received directly or indirectly from a common or other carrier in this State. This section shall apply to such liquors intended for personal use, as well as otherwise, and to interstate as well as intrastate shipments or carriage. Any person violating any provision of this section shall be guilty of a misdemeanor, and upon conviction shall be fined not less than $50.00 nor more than $500.00 and by imprisonment for not less than thirty days nor more than six months; Provided, however, that scientific institutions, universities and colleges, and bonded apothecaries, druggists, hospitals or pharmacists may received and possess pure grain alcohol, as provided by the laws of this State, to be used only for such purposes as prescribed by the laws of this State. (S. L. 1917, 350.)

1861. Vehicles Forfeited-All vehicles, including automobiles, and all animals used in hauling or transporting any liquor the sale of which is prohibited by the laws of this State, from one place to another in this State in violation of the laws thereof, shall be forfeited to the State by order of the court issuing the process by virtue of which such vehicles and animals were seized or before which the persons violating the law, or the vehicles or animals are taken by the officer or officers making the seizure. (S. L. 1917, 352.)

1862. Courts-Jurisdiction-The court having jurisdiction of the property so seized shall without a jury order an immediate hearing as to whether the property so seized was being

used for unlawful purposes, and take such legal evidences as are offered on each behalf and determine the same as in civil cases. Should the court find from a preponderance of the testimony that the property so seized was being used for the unlawful transportation of liquor under the laws of this State, it shall render judgment accordingly and declare said property forfeited to the State of Oklahoma. Thereupon, said property shall, under the order of said court, be sold by the officer having the same in charge after ten days' notice published in a daily newspaper of the county wherein said sale is to take place, or if no daily newspaper is published in said county, then by posting five notices in conspicuous places in the city. or town wherein such sale is to be made. Such sales shall be for cash. (S. L. 1917, 352.)

1863. Appeals-Appeals may be allowed as in civil cases, but the possession of property being so unlawfully used shall be prima facie evidence that it is the property of the person so using it. Where said property is sold under the provisions of this section the proceeds shall be disbursed and applied as follows:

First. To the payment of the costs of the forfeiture proceedings and actual expenses of preserving the property.

Second: One-eighth of the proceeds remaining to the officer who made the seizure.

Third. One-eighth to the county attorney prosecuting the

case.

Fourth. The balance to the County Treasurer to be credited by him to the court fund of the county. (S. L. 1917, 353.)

1864. Subsequent Convictions-Punishment-For the second and all subsequent convictions for the violation of any of the provisions of this act, the penalty shall be a fine of not less. than fifty ($50.00) dollars, nor more than two thousand ($2,000.00) dollars, and by imprisonment of not less than thirty (30) days in the county jail, nor more than five (5) years in the State Penitentiary, and it shall be mandatory upon the trial judge in cases where anyone has been convicted under any provision of this act, to pronounce sentence within ten days from the date of conviction. (S. L. 1913, 46.)

1865. Furnishing to Minors, Lunatics, and Drunkards-It shall be unlawful for any person to barter, sell or give away to any minor, person of unsound mind, or habitual drunkard, any spirituous, vinous, fermented or malt liquors or any im

itation thereof, or substitute therefor, or any liquors or compounds of any kind or description whatsoever, whether medicated or not, which contains as much as one-half of one per centum of alcohol measured by volume, and which is capable of being used as a beverage, except preparations compounded by any licensed pharmacist, the sale of which would not subject him to the payment of the special tax required by the laws of the United States. Any person violating the provisions of this section shall be fined not less than fifty ($50.00) dollars, nor more than two thousand ($2,000.00) dollars, and imprisoned not less than thirty (30) days in the county jail, nor more than five (5) years in the State Penitentiary. (S. L. 1913, 46.)

1866. Convictions in Police Court-Duty of County Attorney-Where a conviction has been had in the police court of any city, town or village, of this State, for the violation of any provision of this act, it shall be the duty of the police judge of such city, or the justice of the peace of any town or village, to immediately file the name of such person so convicted, together with a list of the witnesses used or subpoenaed, with the county attorney of such county, and it shall be the duty of such county attorney to file an information in the county court of such county charging said party so convicted with the offense of which he was so convicted and any county attorney failing or refusing to enforce the provisions of this act shall be removed from office. (S. L. 1913 49.)

1867. Officers to Notify County Attorney-It shall be the duty of all sheriffs, deputy sheriffs, constables, mayors, marshals, police judges and police officers of any city or town having notice or knowledge of the violation of this chapter, to notify the county attorney of the fact of any such violation, and to furnish him with the names of persons within their knowledge by whom such violation can be proven. For the failure or neglect of official duty in the enforcement of this chapter, any of the city or county officers herein mentioned may be removed from office as provided by law. (3633 R. L. 1910.)

1868. Punishment-When Not Prescribed-Whenever a violation of any provision of this chapter is made a misdemeanor, and the punishment is not prescribed, such punishment shall be a fine of not less than fifty dollars, nor more than five hundred dollars, and by imprisonment of not less than thirty days nor more than six months. (3634 R. L. 1910.)

1869. Of Fines and Forfeitures-The proceeds of all fines, penalties, and forfeitures recovered under the provisions of this act shall be paid into the County Treasury for the benefit of the court fund of the county. (S. L. 1911, 164.)

1870. Punishment-"Hard Labor"-In all cases where the judgment of the court includes imprisonment as a penalty for violating any of the provisions of this act, the sentence shall include and mean at "hard labor." (S. L. 1911, 165.)

1871. No Property Rights in Vessels, Etc.-There shall be no property rights of any kind whatsoever, in any liquors, vessels, appliances, fixtures, bars, furniture and implements kept or used for the purpose of violating any provisions of this chapter. (3620 R. L. 1910.)

1872. "This Act" Defined-Wherever the words "this act" appear in any of the laws of this State enacted for the suppression of the liquor traffic, commonly called "prohibition laws," they shall be construed to mean and include all such prohibition laws of this State. (S. L. 1911, 166.)

(GENERAL NOTES TO PROHIBITON LAWS.)

NOTE: Only a limited number of citations are given, it being the intention to select the controlling cases upon the vital points.)

Constitutional provision is not a limitation upon the legislature to make the offense a felony, but it cannot change the minimum punishment as fixed by the constitution. Nowakowski v. State, 6 Okla. Cr. 123, 116 P. 351; Ex parte Brown, 6 Okla. Cr. 134, 116 P. 1113; Ex parte Wright, 6 Okla. Cr. 136. 116 P. 1113.

Constitutional ordinance is self-operative.

Arie v. State, 1 Okla.

Cr. 250, 100 P. 23; McCord v. State, 2 Okla. Cr. 214, 101 P. 280; Nowakowski v. State, 6 Okla. Cr. 123, 116 P. 351; Overton v. State. 7 Okla. Cr. 204, 123 P. 175.

A person acting as messenger or agent of the buyer, in going after, and bringing back liquors is guilty. Cantrell v. State, 10 Okla. Cr. 304.

An employer is guilty when the sale is made by his employee. The state is not precluded from prosecuting when the purchase is made by an officer. Stack et al. v. State, 4 Okla. Cr. 1, 109 P. 126.

Mere possession of liquors, without proof of the purpose for which it is held, is not sufficient to convict McAlester v. State. 15 Okla. Cr. 78, 174 P. 1106; Ward v. State, 15 Okla. Cr. 61, 175 P. 60.

Drinking glasses, corks, and bottles are admissible to show intent. DeGraff v. State, 2 Okla. Cr. 519, 103 P. 538.

Admissible to show previous sales on the same day to same party. Keith v. State, 13 Okla. Cr. 1, 162 P. 239.

The quantity in possession may be shown as a circumstance of defendant's intent to sell. Quinn v. State, 8 Okla. Cr. 478, 128 P. 1104.

Reputation of place is admissible against defendant. Ward v. State, 15 Okla. Cr. 150, 175 P. 557.

Acts of 1913, chapter 26, sec. 4, prohibiting the keeping of a place with intent, etc. is omitted under the authority of. Proctor v. State, 15 Okla. Cr. 338, 176 P. 771.

Habitual criminal act held constitutional. Dunbar v. State, 15 Okla. Cr. 513, 178 P. 699.

Intent is immaterial as a defense of transporting liquors. McNeal v. State, 15 Okla. Cr. 639, 179 P. 943; Gilliland v. State, 15 Okla. Cr. 635, 179 P. 786.

A sworn complaint for warrant of search and seizure is prima facie evidence of the contraband character of liquors and thing seized, and the burden is on accused to show the contrary. Diamond Drug Co. v. State, 59 Okla. 147, 158 P. 907.

The label on a receptacle, as required by the U. S. food law, stating the component parts of the contents thereof, is presumptive evidence and is admissible. (Jamaica ginger.) Gilliland v. State, 15 Okla. Cr. 635, 179 P. 786.

That a witness has been convicted of, or is a professional bootlegger, may be shown as against his credibility. Fowler v. State, 8 Okla. Cr. 130, 126 P. 831.

Where spirituous, fermented or malt liquors and an imitation or substitute are sold at the same time it constitutes but one sale. Etter v. State, 4 Okla. Cr. 230.

A sale to more than one person at the same time constitutes but one offense. Shuford v. State, 4 Okla. Cr. 513.

A person who receives club money, buys whisky and distributes same among contributors, is guilty of selling. Huff v. State, 9 Okla. Cr. 675, 133 P. 265.

Unloading whisky on premises of another, without his knowledge or consent. is not sufficient to convict owner of premises. Tellico v. State, 13 Okla. Cr. 608, 166 P. 76. See also. Simpson v. State, 14 Okla. Cr. 484, 173 P. 529.

Information must allege name of party to whom liquors were disposed of. if known. "Beer" is presumed to be intoxicating. See full discussion of elements of charge. Moss v. State, 4 Okla. Cr. 247.

Information must allege from what place to what place liquors were transported, if known. Hatfield v. State. 14 Okla. Cr. 514, 173 P. 531.

Selling, and conveying intoxicating liquors constitutes two separate offenses. Champett v. State, 4 Okla. Cr. 23, 109 P. 124. See Milton v. State, 4 Okla. Cr. 372, 111 P. 654.

An information must state the provisions of the law which defendant intended to violate. Michael v. State, 2 Okla. Cr. 703, 103 P. 1069.

In a charge of "furnishing," the act itself must be set forth. "Furnishing" is too indefinite. Scott v. State, 6 Okla. Cr. 492, 119 P. 1023.

Information for selling to minors. Wilson v. State, 14 Okla. Cr. 632. Information for second and subsequent offense. State v. Windell, 14 Okla. Cr. 77, 167 P. 640.