Schlumbohm v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Washita County; James B. Tolbert, Judge. John Sehlumbohm was convicted of perjury, ana appeals. An information was filed against the plaintiff in error in the district court of Washita county on the 12th day of June, 1909. He was arraigned on an amended information on the 15th day of June, and 'requested 24 hours in which to plead. The request was refused, and he excepted.
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Appeal from District Court, Washita County; James B. Tolbert, Judge. John Sehlumbohm was convicted of perjury, ana appeals. An information was filed against the plaintiff in error in the district court of Washita county on the 12th day of June, 1909. He was arraigned on an amended information on the 15th day of June, and 'requested 24 hours in which to plead. The request was refused, and he excepted. Afterward, on the same day, the court permitted him to withdraw his plea of not guilty, and file a demurrer to the information, which demurrer was overruled, and he excepted. The case was tried…
1Opinion of the Court
ARMSTRONG, Judge,
(after stating the facts as above). There are only two questions urged by counsel in his brief for reversal of this cause; the first being that the court erred in refusing to allow the appellant 24 hours in which to plead. TJnder our statute a defendant upon arraignment is entitled to one day in which to plead, and it is' error to refuse such time. We do not deem it necessary to consider this proposition, however, as the record shows that the plaintiff in error was permitted to withdraw his plea of not guilty and file a demurrer. If there had been anything in this contention,…
2Cases cited5 opinions
- Smith v. PeopleSupreme Court of Colorado · 1904
- State v. SpencerOregon Supreme Court · 1876
- State v. O'HaganSupreme Court of Iowa · 1874
- McClerkin v. StateSupreme Court of Alabama · 1894
- State v. GreenSupreme Court of Arkansas · 1867
3Cited by7 opinions
- Arnold v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Scott v. StateCourt of Criminal Appeals of Oklahoma · 1947
- Clark v. StateCourt of Criminal Appeals of Oklahoma · 1925
- Thomas v. StateCourt of Criminal Appeals of Oklahoma · 1927
- Dunkin v. StateCourt of Criminal Appeals of Oklahoma · 1929
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