Caple v. State

FUEMAN, PRESIDING Judge.

First. The first ground relied upon by the defendant is that the caption of the indictment is “State of Oklahoma v. W. T. Caple”; the contention'being that it should have been “The State of Oklahoma v. W. T. Caple.” This question was passed upon and settled contrary to the contention of the defendant in another case against this defendant, ante, p. 72, 104 Pac. 493. This court there held that the omission of the word “the” before the words “State of Oklahoma” in the caption of an indictment was not fatal to the indictment.

Second. The next ground relied upon is that the…