Legal Opinion

Clapp v. State

Court of Criminal Appeals of Oklahoma

Decided March 25, 1942No. A-9896PublishedCited by 6 opinions

1Opinion of the CourtBarefoot, P. J.

This case was affirmed in a decision rendered on December 10, 1941, and reported at 73 Okla. Cr. 261, 120 P. 2d 381. A rehearing was granted and both the state and defendant have filed briefs in support of their contentions. We have again carefully examined the record and the authorities in the briefs and have come to the conclusion that justice demands a reversal and remanding of this case for a new trial.

It is contended by the defendant that the error of the court in permitting the witnesses Dr. R. O. Smith and Thelma Reeves^, the nurse, tc testify, they being incompetent witnesses as was…

2Cases cited7 opinions

  1. People v. . PalmerNew York Court of Appeals · 1888
  2. Anderson v. StateCourt of Criminal Appeals of Oklahoma · 1912
  3. Watson v. StateCourt of Criminal Appeals of Oklahoma · 1924
  4. Commonwealth v. ArnoldCourt of Appeals of Kentucky · 1884
  5. People v. WheelerAppellate Division of the Supreme Court of the State of New York · 1903

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3Cited by6 opinions

  1. Ostrowski v. MockridgeSupreme Court of Minnesota · 1954
  2. Hudman v. StateCourt of Criminal Appeals of Oklahoma · 1949
  3. Brewer v. StateCourt of Criminal Appeals of Oklahoma · 1969
  4. State Ex Rel. Trusty v. GrahamCourt of Criminal Appeals of Oklahoma · 1974
  5. Hammonds v. StateCourt of Criminal Appeals of Oklahoma · 1961

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