Legal Opinion

Ex Parte Jefferies

Court of Criminal Appeals of Oklahoma

Decided July 9, 1912No. A-1749PublishedCited by 28 opinions

Application of FI. O. Jefferies for a writ of habeas corpus. On the 25th day of April, 1912, a preliminary trial was commenced before F. L. Hill, a justice of the peace in and for Nowata county, in a case then pending before said justice, wherein the petitioner was charged with the offense of murder. When said trial was completed, said justice ordered that petitioner be committed to jail without bail to answer said charge before the district court of said county.

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Application of FI. O. Jefferies for a writ of habeas corpus. On the 25th day of April, 1912, a preliminary trial was commenced before F. L. Hill, a justice of the peace in and for Nowata county, in a case then pending before said justice, wherein the petitioner was charged with the offense of murder. When said trial was completed, said justice ordered that petitioner be committed to jail without bail to answer said charge before the district court of said county. Petitioner obtained a writ of habeas corpus. Writ discharged.

1Opinion of the CourtFurman, P. J.

(after stating the facts as above). This is a case depending entirely upon what is known as “circumstantial evidence.” It is therefore proper for us to consider the value of such evidence. Some courts hold that circumstantial evidence is of secondary importance and is inferior to what is called “direct or positive evidence.” Our investigation and reflections have caused us to reach a different conclusion. All evidence is largely circumstantial, and even when most direct it depends upon circumstances for its credibility, weight, and efr feet. By way of illustration, suppose that a number of…

2Cases cited4 opinions

  1. Hickory v. United StatesSupreme Court of the United States · 1894
  2. Coleman v. StateCourt of Criminal Appeals of Oklahoma · 1911
  3. Ex Parte HayesCourt of Criminal Appeals of Oklahoma · 1911
  4. Ex Parte HarkinsCourt of Criminal Appeals of Oklahoma · 1912

3Cited by28 opinions

  1. State v. HarvillArizona Supreme Court · 1970
  2. State v. LasleySupreme Court of Missouri · 1979
  3. Miller v. StateCourt of Criminal Appeals of Oklahoma · 1913
  4. Harris v. StateCourt of Criminal Appeals of Oklahoma · 1914
  5. Spann v. StateCourt of Criminal Appeals of Oklahoma · 1940

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