Corley v. Adair County Court
Court of Criminal Appeals of Oklahoma
Application of W. A. Corley and others for writ of prohibition to the County Court of Adair County. On the 10th day of March, 1913, the district court of Adair county being in regular session, an order was entered upon the record, by the judge, reciting that the county attorney of Adair county was disqualified from appearing in his official capacity before the grand jury of said court in some matters which would be investigated by said grand jury and appointing R. Y. Nance,…
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Application of W. A. Corley and others for writ of prohibition to the County Court of Adair County. On the 10th day of March, 1913, the district court of Adair county being in regular session, an order was entered upon the record, by the judge, reciting that the county attorney of Adair county was disqualified from appearing in his official capacity before the grand jury of said court in some matters which would be investigated by said grand jury and appointing R. Y. Nance, a regular practicing attorney of Adair county, as special county attorney to appear before and advise said grand jury…
1Opinion of the CourtFurman, J.
(after stating the facts as above). First. Has this court power to issue a writ of prohibition?
Section 187, Williams’ Ann. Const. Olcla., is as follows:
“The appellate jurisdiction of the Supreme Court shall be coextensive with the state, and shall extend to all civil cases at law and in equity, and to all criminal cases until a Criminal Court of Appeals with exclusive appellate jurisdiction in criminal cases shall be established by law.”
This provision of the Constitution is subject to but one rational construction, and that is: When the Criminal Court of Appeals was established by law with…
2Cases cited29 opinions
- Ex Rel Eubanks v. Cole, District JudgeCourt of Criminal Appeals of Oklahoma · 1910
- Bruner v. Superior CourtCalifornia Supreme Court · 1891
- Evans v. Willis, County JudgeSupreme Court of Oklahoma · 1908
- Ex parte SmithSupreme Court of Alabama · 1859
- Ex parte Branch & Co.Supreme Court of Alabama · 1879
24 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bustamante v. District Court of Third Judicial Dist.Supreme Court of Colorado · 1958
- Bennett v. District Court of Tulsa Co.Court of Criminal Appeals of Oklahoma · 1945
- State Ex Rel. Losey v. WillardSupreme Court of Florida · 1951
- Ex Parte HerrinCourt of Criminal Appeals of Oklahoma · 1939
- Jeter v. District Court of Tulsa CountySupreme Court of Oklahoma · 1922
14 more not listed; retrieve them via the Exa API.