Legal Opinion
Billus v. State
Court of Criminal Appeals of Oklahoma
Decided March 8, 1912No. A-946PublishedCited by 5 opinions
Appeal from Superior Court,, Pottawatomie County; George C. Abernathy, Judge. Walter Billus was convicted of assault with intent to murder, and sentenced to confinement in the penitentiary for one year, •and appeals.
1Opinion of the CourtFurman, P. J.
The record in this case fails to show that the case-made was ever served upon the county attorney. In the case of Cohn v. State, 4 Okla. Cr. 492, 113 Pac. 219, this court, speaking by Judge Richardson, said:
“No case-made will be considered by this court, unless it is shown positively and affirmatively that it was served upon the county attorney, and that it was so served within the time granted by the trial court for that purpose.”
See, also, Box v. State, 4 Okla. Cr. 371, 111 Pac. 655; Wilson v. State, 4 Okla. Cr. 517, 111 Pac. 659. This question has been so often decided, both by this court…
2Cases cited9 opinions
- Dobbs v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Abel v. BlairSupreme Court of Oklahoma · 1895
- Dobbs v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Wade v. MitchellSupreme Court of Oklahoma · 1904
- Blitz v. BrownSupreme Court of the United States · 1869
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Mathis v. StateCourt of Criminal Appeals of Oklahoma · 1921
- Gorman v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Philips v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Hart v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Phillips v. StateCourt of Criminal Appeals of Oklahoma · 1938