State Ex Rel. Tucker v. Davis
Court of Criminal Appeals of Oklahoma
Contempt proceedings (by the State, on the relation of H. S. Tucker, against Barney Davis and another. Owing to the disposition made of this case, it is not necessary to make more than a condensed statement of the facts involved. II. S. Tucker was confined as a prisoner in the county jail of Custer county, Okla., upon a charge of rape pending against him in the superior court of said county.
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Contempt proceedings (by the State, on the relation of H. S. Tucker, against Barney Davis and another. Owing to the disposition made of this case, it is not necessary to make more than a condensed statement of the facts involved. II. S. Tucker was confined as a prisoner in the county jail of Custer county, Okla., upon a charge of rape pending against him in the superior court of said county. He presented an application to the Criminal Court of Appeals, in which it appears that, being unable to employ counsel to conduct his de-dense, the judge of said superior court had appointed T. B.…
1Opinion of the CourtFurman, J.
(after stating the facts as above). First, ft would be a.cheap subterfuge of and shameless mockery upon justice for the state to put a man on trial in its courts charged with an offense which involves his life, liberty, or character, and then place him in such a position that he could not. prepare to make his defense. It would he just as reasonable to place shackles upon a man’s limbs, and then tell him that it is his right and duty to defend himself against an impending physical assault. If the right of defense exists, it includes and carries with it the right of such freedom of action as is…
2Cases cited9 opinions
- Elmendorf v. TaylorSupreme Court of the United States · 1825
- Bank of Hamilton v. Lessee of DudleySupreme Court of the United States · 1829
- Beauregard, &C. v. the City of New OrleansSupreme Court of the United States · 1856
- State Ex Rel. Ikard v. Russell, JudgeSupreme Court of Oklahoma · 1912
- Baker v. StateCourt of Criminal Appeals of Oklahoma · 1913
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3Cited by35 opinions
- Powell v. AlabamaSupreme Court of the United States · 1932
- Coplon v. United States (Two Cases)Court of Appeals for the D.C. Circuit · 1951
- People v. SarazzawskiCalifornia Supreme Court · 1945
- In Re RiderCalifornia Court of Appeal · 1920
- State ex rel. Spirko v. Judges of the Court of AppealsOhio Supreme Court · 1986
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