Higgins v. Brown, Judge
Supreme Court of Oklahoma
Application of Elmer Higgins for a writ of mandamus to T. L. Brown, judge of the Second Judicial District, and Ii. Stephens, sheriff. On the 18th day of December, 1907, the relator instituted this action in this court, alleging that he was in the custody of the United States marshal for the Eastern District of Oklahoma.
Read the full summary
Application of Elmer Higgins for a writ of mandamus to T. L. Brown, judge of the Second Judicial District, and Ii. Stephens, sheriff. On the 18th day of December, 1907, the relator instituted this action in this court, alleging that he was in the custody of the United States marshal for the Eastern District of Oklahoma. That theretofore, to wit, on the 9th day of May, 1906, he was indicted in the United States court for the Northern District of the Indian Territory, at Ckremore, charged therein with having, on the 10th day of April, 1906, killed one John Hancock in such a manner as to…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). The ques tion is raised as to whether or not Congress, with the concurrence of the state, could provide that the state courts, as successors to the territorial courts, should have jurisdiction to proceed with the final determination or render final judgments in criminal cases, not of a federal character, pending and not finally disposed of, .in the district courts of the territory of Oklahoma or in the United States courts in the Indian Territory.
The following states were admitted-into the Union without any express provision in the respective enabling acts…
2Cases cited98 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Shively v. BowlbySupreme Court of the United States · 1894
- United States v. KagamaSupreme Court of the United States · 1886
93 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- McGirt v. OklahomaSupreme Court of the United States · 2020
- Coyle v. SmithSupreme Court of Oklahoma · 1911
- Noble State Bank v. HaskellSupreme Court of Oklahoma · 1909
- Betts v. Commissioners of the Land OfficeSupreme Court of Oklahoma · 1910
- Adams v. StateCourt of Criminal Appeals of Oklahoma · 1911
24 more not listed; retrieve them via the Exa API.