Legal Opinion

Territory of Oklahoma v. Delana and Beacom

Supreme Court of Oklahoma

Decided September 7, 1895PublishedCited by 6 opinions

Appeal from the District Court of Canadian County. On the 22d day of December, 1894, there was returned int.o the district court of Canadian county, by the grand jury thereof, a certain indictment against John Delana and Charles W. Beacom, in words and figures as follows, to-wit: “INDICTMENT No. 299. “ Territory of Oklahoma v. John Delana and Charles W. Beacom.

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Appeal from the District Court of Canadian County. On the 22d day of December, 1894, there was returned int.o the district court of Canadian county, by the grand jury thereof, a certain indictment against John Delana and Charles W. Beacom, in words and figures as follows, to-wit: “INDICTMENT No. 299. “ Territory of Oklahoma v. John Delana and Charles W. Beacom. “Of the November term of the district court of the Second judicial district of the Territory of Oklahoma, within and for Canadian county, in said Territory, in the year of our Lord one thousand eight hundred and ninety-four, the grand…

1Opinion of the Court

The opinion of the court was delivered by

Scott, J.:

Counsel for the territory contend that the court below committed - error in sustaining the defendant’s demurrer to the indictment. The prime question is, does the indictment state a public offense? Did the facts set out in the indictment amount in law to forgery? The determination of these questions will decide the case.

Maxwell, in his work on Criminal Procedure, holds that:

“Forgery may be committed by any writing which, if genuine, would form the basis of another man’s liability or evidence of his right.”

Is the instrument or certificate set…

2Cases cited7 opinions

  1. Rembert v. StateSupreme Court of Alabama · 1875
  2. State v. JohnsonSupreme Court of Iowa · 1868
  3. State v. BriggsSupreme Court of Vermont · 1861
  4. Shannon v. StateIndiana Supreme Court · 1887
  5. Roode v. StateNebraska Supreme Court · 1876

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. United States v. StrandUnited States Court of Military Appeals · 1955
  2. Moss v. ArnoldCourt of Criminal Appeals of Oklahoma · 1938
  3. United States v. NoelUnited States Court of Military Appeals · 1960
  4. Johnson v. StateCourt of Criminal Appeals of Oklahoma · 1935
  5. Stoll v. Board of County CommissionersWyoming Supreme Court · 1896

1 more not listed; retrieve them via the Exa API.

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