Legal Opinion

Smith v. State

Court of Criminal Appeals of Oklahoma

Decided March 14, 1918No. A-2235PublishedCited by 28 opinions

Appeal from. District Court, Washita, County; G. A. Brown, Assigned Judge. James H. Smith was convicted of the theft of two mules, and he appeals. ' On July 11, 1913, the county attorney of Washita county filed an information fn the district court of said county charging James Smith with the theft of two mules, the personal property of the Colony Mercantile Company, and alleging that said crime was committed about the 30th of November, 1910. Upon his trial he was found…

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Appeal from. District Court, Washita, County; G. A. Brown, Assigned Judge. James H. Smith was convicted of the theft of two mules, and he appeals. ' On July 11, 1913, the county attorney of Washita county filed an information fn the district court of said county charging James Smith with the theft of two mules, the personal property of the Colony Mercantile Company, and alleging that said crime was committed about the 30th of November, 1910. Upon his trial he was found guilty and his punishment fixed at five years’ imprisonment in the penitentiary. The evidence shows that the pair of mules…

1Opinion of the CourtDoyle, P. J.

(after stating the facts as above). The plaintiff in error has assigned a large number of errors on the record, but the view we are constrained to take of this case will render it unnecessary for us to pass upon all the questions presented.

The first contention is that the court erred in refusing to grant a change of venue.

The petition was verified by the defendant.. It is alleged in the petition that the minds of the inhabitants of Washita county are so prejudiced against the defendant that he cannot obtain a fair and impartial trial in said county; that John Samples, the principal witness…

2Cases cited7 opinions

  1. Hopkins v. StateCourt of Criminal Appeals of Oklahoma · 1913
  2. Castleberry v. StateCourt of Criminal Appeals of Oklahoma · 1914
  3. Harrold v. Territory of OklahomaSupreme Court of Oklahoma · 1907
  4. Buxton v. StateCourt of Criminal Appeals of Oklahoma · 1914
  5. Lewis v. StateCourt of Criminal Appeals of Oklahoma · 1910

2 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Roulston v. StateCourt of Criminal Appeals of Oklahoma · 1957
  2. Doser v. StateCourt of Criminal Appeals of Oklahoma · 1949
  3. Pressley v. StateCourt of Criminal Appeals of Oklahoma · 1941
  4. Warren v. StateCourt of Criminal Appeals of Oklahoma · 1923
  5. Johnson v. StateCourt of Criminal Appeals of Oklahoma · 1926

23 more not listed; retrieve them via the Exa API.

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