Ex Rel Eubanks v. Cole, District Judge
Court of Criminal Appeals of Oklahoma
Mandamus on petition of Ira N. Eubanks against Preslie B. Cole, Judge. The petitioner, Ira N. Eubanks, on May 3, 1910, filed in this court his verified petition for a mandamus, which, omitting the formal parts, reads as follows: “Comes now Ira N. Eubanks, and respectfully shows to the court: That he stands charged by indictment with the offense of forgery in the district court of Pittsburg county, Okla., said cause being No. 686 on the criminal docket of said court.
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Mandamus on petition of Ira N. Eubanks against Preslie B. Cole, Judge. The petitioner, Ira N. Eubanks, on May 3, 1910, filed in this court his verified petition for a mandamus, which, omitting the formal parts, reads as follows: “Comes now Ira N. Eubanks, and respectfully shows to the court: That he stands charged by indictment with the offense of forgery in the district court of Pittsburg county, Okla., said cause being No. 686 on the criminal docket of said court. Thar the Honorable Preslie B. Cole is the duly elected, qualified, and acting judge of the Fourth judicial district of the state…
1Opinion of the Court
DOYLE, Judge,
(after stating the facts as above). The motion to dismiss presents the preliminary proposition: lias this court jurisdiction of the cause? The question of jurisdiction must be settled by a reference to the Constitution and the statutes. By the provisions of section 2, art. 7, of the Constitution of this state, and an act of the Second Legislature entitled, “An act perpetuating the Criminal Court of Appeals, defining its duties, powers, and jurisdictions,” approved March 2, 1909, this court is given exclusive appellate jurisdiction in all criminal causes. The act contains the…
2Cases cited17 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Beavers v. HaubertSupreme Court of the United States · 1905
- Ex Parte BurrSupreme Court of the United States · 1824
- Ex Parte SecombeSupreme Court of the United States · 1857
- Jackson Ex Dem. Astor v. CraneSupreme Court of the United States · 1831
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3Cited by57 opinions
- Starr v. StateCourt of Criminal Appeals of Oklahoma · 1911
- People v. Den UylMichigan Supreme Court · 1948
- Carder v. Court of Criminal AppealsSupreme Court of Oklahoma · 1978
- McLeod v. Graham, County JudgeCourt of Criminal Appeals of Oklahoma · 1911
- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
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