Hayes v. State
Court of Criminal Appeals of Oklahoma
Error from, District Court, Oklahoma County; Joseph Q. Dowe, Judge. Victoria Hayes was convicted of assault with intent to kill, and appealed.. Case transferred to the Criminal'Court of Appeals.
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Error from, District Court, Oklahoma County; Joseph Q. Dowe, Judge. Victoria Hayes was convicted of assault with intent to kill, and appealed.. Case transferred to the Criminal'Court of Appeals. Victoria Hayes, plaintiff in error (hereinafter designated defendant), was indicted for the crime of assault with intent to kill one A. M. Jones, alleged to have been committed on the 5th day of November, 1907. On the 16th day of December, 1907, the grand jury returned an indictment charging defendant with the crime of assault with intent to kill. On the 18th day of December, 1907, another indictment…
1Opinion of the Court
DOYLE, Judge,
(after stating the facts as above.) The act of criminal procedure provides (section- 5398, Wilson’s Rev. & Ann. St. 1903) that a defendant “may, in answer to the arraignment, either move the court to set aside the indictment, or may demur or plead thereto." And provides that (section 5399, Wilson’s Tlev. & Ann. St. 1903) :
“The indictment must be set aside by the court, in which the defendant is arraigned, and upon his motion in either of the following cases: First. When it is not found, indorsed, presented or filed, as prescribed by .the statutes of the territory, or when the…
2Cases cited10 opinions
- United States v. CoolidgeU.S. Circuit Court for the District of Massachusetts · 1815
- Sparrenberger v. StateSupreme Court of Alabama · 1875
- United States v. FarringtonDistrict Court, N.D. New York · 1881
- Mahaffey v. Territory of OklahomaSupreme Court of Oklahoma · 1901
- Royce v. the Territory of OklahomaSupreme Court of Oklahoma · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Spivey v. StateCourt of Criminal Appeals of Oklahoma · 1940
- State v. SmithCourt of Criminal Appeals of Oklahoma · 1958
- Garnsey v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Reynolds v. StateCourt of Criminal Appeals of Oklahoma · 1936
- Estill, Jr. v. StateCourt of Criminal Appeals of Oklahoma · 1929
2 more not listed; retrieve them via the Exa API.