Canard v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Muskogee, Countyj John F. King, Judge. lvetch Canard and Joe Whitmire were convicted of forgery, and they appeal. This is a prosecution by information, filed by the county attorney in the district court in Muskogee county, charging' the plaintiffs in error (herein referred to as the defendants) with the crime of forgery. To this information the defendant interposed a demurrer. This demurrer was overruled.
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Appeal from District Court, Muskogee, Countyj John F. King, Judge. lvetch Canard and Joe Whitmire were convicted of forgery, and they appeal. This is a prosecution by information, filed by the county attorney in the district court in Muskogee county, charging' the plaintiffs in error (herein referred to as the defendants) with the crime of forgery. To this information the defendant interposed a demurrer. This demurrer was overruled. Trial was had, which resulted in a verdict of guilty. The defendants in due time filed motion for new trial, which was overruled, to which an exception was…
1Opinion of the Court
OWEN, Judge,
(after stating .the facts as above). Two questions are presented by the record in this case: First. Can a felony be prosecuted by information? Second. Is it necessary to allege; in an information charging a felony, that defendant has had a preliminary examination before a magistrate; or that such preliminary examination was waived?
The first question presented was settled by this court in the case of In re McNaught, 1 Okla. Cr. 528, 99 Pac. 241. The opinion in that ease decides this question, and is approved here.
As to the second question, section 26, Bunn’s Constitution of…
2Cases cited10 opinions
- In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
- Washburn v. PeopleMichigan Supreme Court · 1862
- State v. BarnettSupreme Court of Kansas · 1865
- State v. BoyceWashington Supreme Court · 1901
- State v. AndersonWashington Supreme Court · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Brown v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Caples v. StateCourt of Criminal Appeals of Oklahoma · 1909
- McDaniel v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Williams v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Blair v. StateCourt of Criminal Appeals of Oklahoma · 1910
18 more not listed; retrieve them via the Exa API.