Legal Opinion

Martin v. State

Court of Criminal Appeals of Oklahoma

Decided April 18, 1911No. A-406PublishedCited by 6 opinions

Appeal from District Court, Haslcell County; Malcolm E. Rosser, Judge. William Martin was convicted of manslaughter, and he appeals. Plaintiff in error was charged by information filed in the district court of Haskell county with the crime of manslaughter.

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Appeal from District Court, Haslcell County; Malcolm E. Rosser, Judge. William Martin was convicted of manslaughter, and he appeals. Plaintiff in error was charged by information filed in the district court of Haskell county with the crime of manslaughter. Said information, in substance, charged that on the 27th day of ^December, 1908, he feloniously and with the premeditated design to effect the death of one Pete Folsom, did stab, thrust, cut at, upon, and into the neck of him, the said Pete Folsom, with a certain knife, then and there and thereby inflicting one mortal wound from which he…

1Opinion of the CourtDo'Yle, Judge

(after stating the facts as above). Various errors are assigned in the petition for a reversal of the judgment, but only three are argued in the brief. The first is that: “The court erred in refusing to permit defendant to introduce evidence to show that the county attorney who verified the information had no personal knowledge of the alleged crime.” Upon his arraignment the defendant filed a motion to set aside and quash the information: “For the reason that neither of the informa-tions are sworn to by a person who knows the facts therein stated to be true, or by a person who has any…

2Cases cited2 opinions

  1. In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
  2. Henson v. StateCourt of Criminal Appeals of Oklahoma · 1911

3Cited by6 opinions

  1. Brown v. StateCourt of Criminal Appeals of Oklahoma · 1913
  2. State v. TrujilloNew Mexico Supreme Court · 1928
  3. Gist v. StateCourt of Criminal Appeals of Oklahoma · 1973
  4. Johnson v. StateCourt of Criminal Appeals of Oklahoma · 1919
  5. Boswell v. StateCourt of Criminal Appeals of Oklahoma · 1921

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