Legal Opinion

Grace v. Harris

Court of Criminal Appeals of Oklahoma

Decided May 19, 1971No. A-16617PublishedCited by 15 opinions

1Opinion of the Court

NIX, Judge:

This is an original proceeding by the petitioner, Daniel Patrick Grace, for a writ of prohibition to direct respondent to dismiss prosecution against him in Oklahoma County District Court Case No. CRF-71-444, charging Use of a Firearm in Commission of a Felony (21 O.S., § 1287). Petitioner claims his prosecution is barred by the constitutional double jeopardy prohibition; the statutory bar against double punishment for the same act, 21 O.S.Supp. 1970, § 11; and the doctrine of collateral estoppel.

Petitioner and a co-defendant were charged in the District Court of Oklahoma County,…

2Cases cited15 opinions

  1. United States v. JacksonSupreme Court of the United States · 1968
  2. Howard Ross v. United StatesCourt of Appeals for the D.C. Circuit · 1965
  3. People v. ArcherdCalifornia Supreme Court · 1970
  4. Sterling H. Nickens v. United StatesCourt of Appeals for the D.C. Circuit · 1963
  5. People v. FloydCalifornia Supreme Court · 1969

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3Cited by15 opinions

  1. People of Illinois v. HaronIllinois Supreme Court · 1981
  2. Hale v. StateCourt of Criminal Appeals of Oklahoma · 1995
  3. State v. KaneSupreme Court of Missouri · 1982
  4. Delaney v. StateCourt of Criminal Appeals of Oklahoma · 1973
  5. Thomas v. StateCourt of Criminal Appeals of Oklahoma · 1984

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