Lincoln v. Territory of Oklahoma
Supreme Court of Oklahoma
Error from the District Court of Garfield County; before John L. McAtee, District Judge. Information against Perry B. Lincoln for selling unwholesome food. Verdict of guilty, and defendant brings error. STATEMENT OE THE CASE.
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Error from the District Court of Garfield County; before John L. McAtee, District Judge. Information against Perry B. Lincoln for selling unwholesome food. Verdict of guilty, and defendant brings error. STATEMENT OE THE CASE. On the 25th day of February, 1898, the county attorney filed an information against the plaintiff in error, in the-district court of Garfield county, the charging part of which is as follows: “That on the 24th day of February, 1898, in said county of Garfield and Territory of Oklahoma, one Perry B. Lincoln did then and there, unlawfully and wilfully, -sell for food, to…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
Several assignments of error are urged by the plaintiff in error fur the reversal of this ease, but we think it necessary only to consider one, to-wit, the error assigned that the court overruled the affidavit for a change of judge. The decision of this point involves the construction to be put upon the Statutes of Oklahoma, sec. 5138, as amended by Laws, 1895, p. 198, which reads a© follows: “If it be shown to the court by the affidavit of the accused that he cannot have a fair and impartial trial by reason of the bias and prejudice of the presiding judge, or…
2Cases cited12 opinions
- State v. KentNorth Dakota Supreme Court · 1895
- Krutz v. HowardIndiana Supreme Court · 1880
- Krutz v. GriffithIndiana Supreme Court · 1879
- Rout v. NindeIndiana Supreme Court · 1889
- Cory v. SilcoxIndiana Supreme Court · 1854
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3Cited by13 opinions
- Ex Parte HudsonCourt of Criminal Appeals of Oklahoma · 1910
- State Ex Rel. Smith v. BrownSupreme Court of Oklahoma · 1909
- Ingles v. McMillanCourt of Criminal Appeals of Oklahoma · 1911
- Rea v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Lewis v. Russell, JudgeCourt of Criminal Appeals of Oklahoma · 1910
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