Legal Opinion

In Re McClaskey

Supreme Court of Oklahoma

Decided September 7, 1894PublishedCited by 10 opinions

Original Proceeding in Habeas Corpus. Original action filed in the supreme court for'writ of habeas corpus January 22, 1894, by Matthew McOlaskey, held by the sheriff of Payne comity, Oklahoma Territory.

1Opinion of the Court

The opinion of the court was delivered by

Scott, J.:

The-petitioner, Matthew McOlaskey, filed his petition in this court praying for a writ of habeas corpus on the 22d day of January, A. D. 1894. The action is instituted upon the theory that he has been once in jeopardy, within the meaning of the constitutional guarantee that no person shall be “subject for the same offense to be twice put in jeopardy of life or limb. ” On the 16th day of August, 1892, the petitioner was indicted by the grand jury of Payne county, charging him with the murder of John J. Anderson, and on the 18th day of…

2Cases cited23 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. People v. SanchezCalifornia Supreme Court · 1864
  3. Brown v. SwinefordWisconsin Supreme Court · 1878
  4. People v. WebbCalifornia Supreme Court · 1869
  5. Wright v. StateIndiana Supreme Court · 1854

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3Cited by10 opinions

  1. Hamblin v. Superior CourtCalifornia Supreme Court · 1925
  2. State v. BatesUtah Supreme Court · 1900
  3. Wilson v. StateCourt of Criminal Appeals of Oklahoma · 1910
  4. Norris v. StateCourt of Criminal Appeals of Oklahoma · 1939
  5. St. Louis S. F. R. Co. v. JamesSupreme Court of Oklahoma · 1912

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