Dix v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Canadian County; George W. Clark, Judge. Mrs. J. W. Dix was convicted of the crime of murder, and sentenced to serve a term of life imprisonment in the state penitentiary, and she appeals. The defendant, Mrs. J. W. Dix, and Mrs. Mossie Baustert were' jointly informed against in the district court of Canadian county, Okla., charged with the murder of the latter’s husband, Henry Baustert.
Read the full summary
Appeal from District Court, Canadian County; George W. Clark, Judge. Mrs. J. W. Dix was convicted of the crime of murder, and sentenced to serve a term of life imprisonment in the state penitentiary, and she appeals. The defendant, Mrs. J. W. Dix, and Mrs. Mossie Baustert were' jointly informed against in the district court of Canadian county, Okla., charged with the murder of the latter’s husband, Henry Baustert. A severance was granted, and‘the state elected to try this defendant first. At the time of the homicide, which occurred on or about the 27th day of February, 1916, and for several…
1Opinion of the CourtMatson, J.
(after stating the facts as above). It is-first alleged that the court erred in failing to strike from the information the allegation that the defendant had waived a preliminary examination. Reference to a preliminary examination should not have been incorporated in the information, and the trial court should have sustained the motion to strike the same, as it forms no material part of the charge against the accused. The .fact that the accused has had a preliminary examination or has waived same is a matter prerequisite to the jurisdiction of the trial court in felony cases; but, if the…
2Cases cited12 opinions
- Blair v. StateCourt of Criminal Appeals of Oklahoma · 1910
- George v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- Shires v. StateCourt of Criminal Appeals of Oklahoma · 1909
- State v. DrakeOregon Supreme Court · 1884
- Ferrell v. StateSupreme Court of Florida · 1903
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Winfield v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Felice v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Ivey v. StateCourt of Criminal Appeals of Oklahoma · 1922
- Davis v. StateCourt of Criminal Appeals of Oklahoma · 1926