(b) Where the motive of an officer for making a seizure of intoxicating liquors is not an issue in a case, it is improper to allow him to state any information which he had received and upon which he acted in making such

seizure.

(c) Where hearsay evidence has been received which reasonably contributed to a verdict of guilty, the reception of such evidence does not constitute harmless error but will be ground for reversal.

(d) A conviction based upon hearesay evidence or upon suspicion is not obtained by due process of law and is contrary to the constitution of this state and also the constitution of the United States.

(Syllabus by the Court.)

ENOCH MCGILL, Plaintiff in Error,

VS.

No. A-1521

STATE OF OKLAHOMA, Defendant in Error.

(Rendered January 13, 1913.)

Error from Superior Court of Logan County. S. S. Lawrence, trial Judge.

A.

Reversed

When a trial court instructs a jury that it is necessary for them to find from the facts beyond a reasonable doubt that a person on trial for having the unlawful possession of intoxicating liquors with intent to sell the same had such liquor for his own use, and a conviction results, such conviction cannot be sustained on appeal.

(b). When by oversight or otherwise a trial court gives an instruction which requires the jury to find that the accused is innocent beyond a reasonable doubt, and a conviction results, he should set aside such conviction and grant a new trial according to law. There is no law that requires a jury to find an accused innocent beyond a reasonable doubt, his guilt must be found beyond a reasonable doubt; and an acquital should follow unless the facts satisfy the jury, beyond a reasonable doubt, of the guilt, of the accused on trial for the offense charged. (Syllabus by the Court.)

HUMOR.

In Dawson City a colored man, Sam Jones by name, was on trial for felony. The judge asked Sam if he desired the appointment of a lawyer to defend him.

"No, sah," said Sam. "I,se gwine to throw my self on the ignorance of the cote."

The Law Student's Helper.

A witness while testifying in a case greatly surprised every body in the courtroom. The judge cautioned him that there was a law against perjury.

"Your honor." cried the witness, "you may believe me or not, but I want to tell you, that from a boy I have been wedded to the truth." 'That may have been," answered the judge, “but the question to my mind is, how long you have been divorced."

A Dakota Swede.-"Meester liar 1 bote some land of Gunder Larson and I vant a mortgage." "A mortgage!" asked the lawyer in astonishment. "Yah, yah."

"No, no," replied the lawyer. "You want a deed." "No no," insisted the simple Swede. "I vant no deet. I bote land from Pader Paderson sum yahr ago and got a deet and anoder fellar coom long mit a mortgage and took the lant, so I dink a mortgage bin beeser than a deet."

A lawyer was cross-examining the plaintiff in a breach of-promise case. "Was the defendant's air, when he promised to marry you, perfectly serious, or one of jocularity?" he inquired.

"It was all ruffled with him a-runnin his hands all the time through it."

"You misapprehend my meaning," said the lawyer. "Was the promise made in utter sincerity?"

"No, sir, an' no place like that. It was made in the wash-house an' me a-wringin the clothes."

THE

OKLAHOMA

LAW JOURNAL

EDITED AND PUBLISHED MONTHLY BY

D. H. FERNANDES, GUTHRIE, Oklahoma.

VOL. 11.

February, 1913.

NEW LAWS.

No. 8

LEGISLATURE OF 1913, NOW IN SESSION. SENATE BILL No. 280. (By Judge J. H. Burford.) An Act Relating to Necessary Parties on Appeal, And Service of Case-Made for Appeal, and declaring an Emergency.

Be it Enacted by the People of the State of Oklahoma:

Section 1. That in any case heretofore or hereafter tried it shall not be necessary for the party desiring to have any judgment or order of the District Court, or other court of record, reviewed on appeal, (other than court of probate jurisdiction) to serve the case-made for appeal on any party to the action who did not appear at the trial and take part in the proceedings from which the appeal is taken, or who shall have filed a disclaimer in the District Court, nor shall it be necessary to make any such person a party to the petition in error; provided, that any person so omitted from the proceedings in error who was a party to the action in the District Court, may be made a party plaintiff or defendant in the action in the Supreme Court upon such terms as the Court may direct, upon its appearing that his rights might be affected by the reversal of the judgment or order from which the appeal was taken, with the right to be heard therein the same as other parties.

Section 2. An emergency is hereby declared, by reason whereof it is immeditely necessary for the preservation of the public peace, health and safety that this Act take effect and be in force from and after its passage and approval.

HOUSE BILL No. 235.

An Act Providing for Appearance where Service is had by Publication, and for an Emergency.

Be it Enacted by the People of the State of Oklahoma: Section 1. That in all cases brought under the code of civil procedure wherein constructive service is had or attempted to be had on any defendant by publication, or upon personal service out of the State, the entry of any appearance, special or otherwise for any purpose, shall operate as a general appearance for all purposes, and shall give the Court the same jurisdiction over the person of the defendant and subject matter of the action as such Court would have had if personal service had been properly secured within the State.

Section 2. An Emergency is hereby declared by reason whereof it is necessary for the immediately preservation of the public health and safety that this act take effect and be in force from and after its passage and approval.

SENATE BILL No. 333.

An Act Amending Sections 1 and 9 of Article 2 of Chapter 26 of the Session Laws of 1909, the Same Being an Act Entitled, "An Act to Regulate the Use and Preservation of Oil and Gas and Providing Penalties for the Violation thereof; Providing for an Inspector, his Duties, Compensation, and Appropriation therefor, and Declaring an Emergency."

Be it Enacted by the People of the State of Oklahoma: Section 1. That Section 1 of Article 2 of Chapter 26 of the Session Laws of 1909 of the State of Oklahoma, be, and the same is hereby amended to read as follows:

Section 1. Each and every person, co-partnership, or corporation owning any well producing natural gas in this State, and each and every person, co-partnership or corporation in possession of such well, either as lessee, agent or manager. shall, immediately after this Act takes effect and immeditely after penetrating the gas bearing rock, sand or stratum in any well now or hereafter drilled, cap or shut in such well so as to effectually confine the gas therein and prevent the waste or escape thereof, until and during such time as the gas in such well shall be utilized for light, fuel or power purposes; to the end that all of the said gas shall be conserved and kept for consumption by users thereof. Any well producing natural gas in a quantity exceeding onehalf million cubic feet of gas per day of twenty-four hours, and also at the same time petroleum oil in quantities of ten barrels or less per day of twenty-four hours, is now declared to fall within the purview and meaning of this Act, and the same shall be capped and shut in,in compliance with this Act; and any well which shall produce both gas and oil, the latter in quantities exceeding ten barrels per day of twenty-four hours shall not fall within the purview and meaning of this Act. But provided that when, in the course of drilling, gas is discovered in any well, which falls within the purview of this Act, two days' time and no more shall be allowed in. drilling the well into or through the gas bearing sand, rock or stratum, and upon the expiration of the said two days such well shall be caped and shut in, in compliance with this Act; but any person, co-partnership or corporation drilling a well into any gas producing sand, rock or stratum, shall have the right to drill through the same in search of oil or gas lying below, provided such person, co-partnership or corporation shall drill through such sand, rock or stratum within two days' time, and