Legal Opinion
State v. McDonald
Court of Criminal Appeals of Oklahoma
Decided January 3, 1914No. A-2036PublishedCited by 15 opinions
Appeal from District Court, Canadian County; John J. Carney, Judge. A charge against A. L. McDonald for murder was dismissed without consent of the county attorney, and he was permitted to plead guilty to manslaughter in the second degree, and his punishment assessed without the intervention of a jury, and the State appeals.
1Opinion of the CourtFurman, J.
First. A motion was made to dismiss this appeal because a summons' in error had not been issued or waived. This motion is based upon section 5997, Rev. Laws 1910, which reads as follows:
“Instead of the appeal hereinbefore provided for any party desiring to appeal to the Criminal Court of Appeals in any criminal case may proceed by case-made and petition in error in all respects with all the rights, as provided in ‘Procedure Civil,’ and the summons in error shall be served upon the Attorney General, unless the same is waived as in other cases. Instead of the case-made plaintiff in error may…
2Cases cited2 opinions
- Dalton v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Pilgrim v. StateCourt of Criminal Appeals of Oklahoma · 1909
3Cited by15 opinions
- People v. Quill, New York County Courts1958
- Burgess v. StateCourt of Criminal Appeals of Oklahoma · 1921
- People v. HargroveNew York Supreme Court · 1975
- State v. YoungCourt of Criminal Appeals of Oklahoma · 1922
- Reddell v. StateCourt of Criminal Appeals of Oklahoma · 1975
10 more not listed; retrieve them via the Exa API.