Legal Opinion
State v. Sowards
Court of Criminal Appeals of Oklahoma
Decided August 12, 1938No. A-9404PublishedCited by 50 opinions
1Opinion of the CourtDoyle, J.
This case comes to this court under Procedure Criminal, sec. 3191, O. S. 1931, 22 Okla. St. Ann. § 1053, providing that:
“Appeals to the Criminal Court of Appeals may be taken by the state in the following cases and no other:
“1. Upon judgment for the defendant on quashing or setting aside an indictment or information.
“2. Upon an order of the court arresting the judgment.
“3. Upon a question reserved by the state.”
Under this section the state has the right to appeal from an order sustaining a demurrer to an indictment or information, and upon reserved questions, such an appeal reserves for…
2Cases cited27 opinions
- State Ex Rel. Barney v. HawkinsMontana Supreme Court · 1927
- Daily Leader v. Cameron, AuditorSupreme Court of Oklahoma · 1895
- Edwards v. ChildersSupreme Court of Oklahoma · 1924
- Attorney General v. TillinghastMassachusetts Supreme Judicial Court · 1909
- State Ex Rel. Burns v. Linn, District JudgeSupreme Court of Oklahoma · 1915
22 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Plaquemines Par. Com'n Council v. Delta Dev. Co.Supreme Court of Louisiana · 1987
- Parker v. StateCourt of Criminal Appeals of Oklahoma · 1996
- Wimberly v. DeaconSupreme Court of Oklahoma · 1943
- Marks v. FrantzSupreme Court of Kansas · 1956
- Spivey v. StateCourt of Criminal Appeals of Oklahoma · 1940
45 more not listed; retrieve them via the Exa API.