Wishard v. State
Court of Criminal Appeals of Oklahoma
Appeal from, District Court, Blaine County; G. A. Brown, Judge. W. S. Wtishard, plaintiff in error (hereinafter designated .defendant), was jointly indicted with J. C. Evans and P. F. Tyler for the crime of forgery as defined by sec. 2560, Snyder’s Sts. He was convicted as charged and appeals.
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Appeal from, District Court, Blaine County; G. A. Brown, Judge. W. S. Wtishard, plaintiff in error (hereinafter designated .defendant), was jointly indicted with J. C. Evans and P. F. Tyler for the crime of forgery as defined by sec. 2560, Snyder’s Sts. He was convicted as charged and appeals. Omitting caption and endorsements, said indictment is as follows: “Of the December, 1908, term, a term of the district court of the Seventeenth judicial district of the state of Oklahoma, held in and for the county of Blaine, in the state of Oklahoma, at the town of Watonga, and begun on the 30th day of…
1Opinion of the Court
DOYLE, Judge,
(after stating the facts as above). The first question presented for our consideration relates to the sufficiency of the indictment. It is insisted that the trial court erred in overruling the demurrer. In support of this contention it is argued that:. . “If the state in this case would justify the form of indictment, it can do only by taking one of two positions: First, that it follows the language of the statute; or, second, that it follows the common law form. That said indictment is not direct and certain as regards the offense charged and the venue thereof,.and is defective…
2Cases cited1 opinion
- Faggard v. StateCourt of Criminal Appeals of Oklahoma · 1909
3Cited by25 opinions
- Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
- People v. FitzgeraldCalifornia Court of Appeal · 1936
- Wilkins v. StateCourt of Criminal Appeals of Oklahoma · 1940
- Tillman v. StateCourt of Criminal Appeals of Oklahoma · 1946
- Jones v. StateCourt of Criminal Appeals of Oklahoma · 1969
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