Paschal v. State
Court of Criminal Appeals of Oklahoma
Appeal from Cherokee County Court; J. T. Parks, Jtcdge. George Paschal was convicted in the police court of the city of Tahlequah for assault and battery, from which conviction he appealed to the county court, and executed a bond, with sureties, which was approved by and filed with the police judge.
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Appeal from Cherokee County Court; J. T. Parks, Jtcdge. George Paschal was convicted in the police court of the city of Tahlequah for assault and battery, from which conviction he appealed to the county court, and executed a bond, with sureties, which was approved by and filed with the police judge. The county attorney moved the county court to dismiss the appeal, upon the ground that one of the sureties on the appeal bond was a licensed attorney at law of the state and was counsel of record for the defendant. This motion was sustained by the court, and the appeal was dismissed and appellant…
1Opinion of the CourtEurman, P. J.
The Attorney General has filed the following confession of error in this case:
“The effect of the judgment of the court is to hold that it has power to pass upon the sufficiency of an appeal bond, when this power is lodged in the first place in the hands of the police judge. The bond given was effective as an appeal bond, possibly subject to the right of the county court to require a new bond, if the judge for any sufficient reason deemed the appeal bond unsatisfactory. But to treat the bond, after it had been approved by the police judge, as a fatal defect, and to dismiss the appeal for the…
2Cases cited2 opinions
- In Re SimmonsCourt of Criminal Appeals of Oklahoma · 1911
- Meloy v. City of WoodwardCourt of Criminal Appeals of Oklahoma · 1912