Rutter v. Territory of Oklahoma
Supreme Court of Oklahoma
Error from the District Court of Nolle Countyj before Bayard T. Hainer, Trial Judge. STATEMENT OF FACTS. This is an accusation returned by the grand jury of Pawnee county on November 22, 1899, against Rutter, sheriff, for removal from office, alleging that “Rutter knowingly, wilfully, unlawfully and corruptly committed misconduct in office, to-wit: That he asked and received from one J. C. Stribbling, emolument, gratuity and reward, to-wit: $100 lawful money of the United…
Read the full summary
Error from the District Court of Nolle Countyj before Bayard T. Hainer, Trial Judge. STATEMENT OF FACTS. This is an accusation returned by the grand jury of Pawnee county on November 22, 1899, against Rutter, sheriff, for removal from office, alleging that “Rutter knowingly, wilfully, unlawfully and corruptly committed misconduct in office, to-wit: That he asked and received from one J. C. Stribbling, emolument, gratuity and reward, to-wit: $100 lawful money of the United States, for omitting, and upon the willful and corrupt agreement which he, the said Rutter, would omit the performance of…
1Opinion of the Court
Opinion by the court by
McAtee, J.:
The defendant was not formally arraigned, and it is now contended here that since this proceeding for the removal of a public officer is criminal in its nature that the omission of the arraignment was fatal to the proceeding. It is not so. The proceeding is a statutory one entirely, in which, by section 4922, Statutes of 1893, it is provided that “after receiving the accusation, the judge to whom it is delivered must forthwith cause it to be transmitted to the district attorney of the county or sub-division, excepting where he is the accused, who must cause a…
2Cases cited6 opinions
- State v. SmithSupreme Court of Connecticut · 1881
- People ex rel. Gregg v. PalmerIllinois Supreme Court · 1868
- City of McPherson v. ManningSupreme Court of Kansas · 1890
- Rogers v. Marlboro CountySupreme Court of South Carolina · 1890
- State v. CassadySupreme Court of Kansas · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Maben v. RosserSupreme Court of Oklahoma · 1909
- Leedy v. Brown, JudgeSupreme Court of Oklahoma · 1910
- State v. PriceSupreme Court of Oklahoma · 2012
- Hughes v. StateCourt of Criminal Appeals of Texas · 1912
- State v. ScarthSupreme Court of Oklahoma · 1931
4 more not listed; retrieve them via the Exa API.