Legal Opinion
Burks v. State
Court of Criminal Appeals of Oklahoma
Decided May 13, 1938No. A-9289PublishedCited by 11 opinions
1Opinion of the CourtBarefoot, J.
The defendant was charged with the crime of murder in Choctaw county on the 8th day of April, 1936, was tried, convicted of manslaughter in the first degree, and his punishment assessed by the jury at 30 years in the penitentiary, and from this judgment and sentence he has appealed.
The first assignment of error is that the trial court was without jurisdiction for the reason, the verification of the original complaint filed before the preliminary examination was not taken by the magistrate, but by a deputy court clerk. The complaint was sworn to before “F. M. Caldwell, Court Clerk, H. H.…
2Cases cited25 opinions
- Compton v. AlabamaSupreme Court of the United States · 1909
- Franklin v. South CarolinaSupreme Court of the United States · 1910
- Price v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Myers v. PeopleIllinois Supreme Court · 1873
- Turner v. StateCourt of Criminal Appeals of Oklahoma · 1912
20 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Abby v. StateCourt of Criminal Appeals of Oklahoma · 1941
- Frazier v. StateCourt of Criminal Appeals of Oklahoma · 1953
- Miles v. StateCourt of Criminal Appeals of Oklahoma · 1954
- Bird v. StateCourt of Criminal Appeals of Oklahoma · 1961
- Magnolia Pipe Line Co. v. StateCourt of Criminal Appeals of Oklahoma · 1952
6 more not listed; retrieve them via the Exa API.