Legal Opinion

Thurman v. State

Court of Criminal Appeals of Oklahoma

Decided September 25, 1909No. 384PublishedCited by 5 opinions

Error from Oherolcee County Court, Bitting at Tahlequah; J. T. Paries, Judge. Joe Thurman and another were convicted of reckless shooting, and they appeal. The plaintiffs in error, who were defendants below, were arrested on warrant issued by Ross Daniel, justice of the peace in Cherokee county, on a complaint made by Andy Miller, charging the defendants with a misdemeanor “by shooting recklessly and in a manner liable to injitre some one.”

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Error from Oherolcee County Court, Bitting at Tahlequah; J. T. Paries, Judge. Joe Thurman and another were convicted of reckless shooting, and they appeal. The plaintiffs in error, who were defendants below, were arrested on warrant issued by Ross Daniel, justice of the peace in Cherokee county, on a complaint made by Andy Miller, charging the defendants with a misdemeanor “by shooting recklessly and in a manner liable to injitre some one.” On motion of the county attorney the case was transferred to the county court of Cherokee count}1-. The defendants were tried.and convicted, and prosecute…

1Opinion of the Court

OWEN, Judge,

(after stating the facts as above). The complaint filed in this case before the justice of the peace was in the following language:

“Now comes Andy Miller, after being duly qualified, say that Tobe Thurman and Jim Thurman * * * did in Cherokee county, and in the state of Oklahoma, on or about the 14th day of March, in the year of our Lord 1908, and anterior to the presentment hereof, commit the crime of misdemeanor in the manner and form as follows, to wit: By shooting recklessly and in a manner liable to injure some one and which was done in Cherokee county, state of Oklahoma and…

2Cases cited3 opinions

  1. Felton v. United StatesSupreme Court of the United States · 1877
  2. Evans v. Willis, County JudgeSupreme Court of Oklahoma · 1908
  3. Harrison v. StateSupreme Court of Alabama · 1861

3Cited by5 opinions

  1. Ex Parte KellySupreme Court of Oklahoma · 1915
  2. White v. StateAlabama Court of Appeals · 1953
  3. O'Barr v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
  4. Miller v. StateCourt of Criminal Appeals of Oklahoma · 1910
  5. Atchison, T. & S. F. Ry. Co. v. StateSupreme Court of Oklahoma · 1912

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