Legal Opinion

Simpson v. State

Court of Criminal Appeals of Oklahoma

Decided February 6, 1911No. A-265PublishedCited by 18 opinions

Appeal from District Court, G-rady County; Frank M. Bailey, Judge. Charley Simpson was convicted of burglary in the second degree, and he appeals.

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Appeal from District Court, G-rady County; Frank M. Bailey, Judge. Charley Simpson was convicted of burglary in the second degree, and he appeals. Citing: State v. Forlder, 22 Kan. 542; Winslow v. State (Neb.) 41 N. W: 1116; State v. Schuchman, 33 S. W. 35, 34 S; 'W. 842; Thomas v. State (Ala.) 12 South. 409; Biclcford v. People, 39 Mich. 210; Neill v. State, 55 Ala. 466; Moore v. People (Mich.) 11 N. W. 415; Potter v. State, 92 Ala. 37; State v. Hutchinson, 111 Mo. 257; People v. Galderwood, 66 Mich. 92; Quinn v. People, 71 N. Y. 561; Fuller v. Slate, 48 Ala. 273; Ex parte Vincent, 26 Ala.…

1Opinion of the Court

ARMSTRONG, Judge.

The indictment in this ease was returned by the grand jury of Grady county at the April, 1908, term. The appellant was arraigned in May, 1909, and filed a demurrer to the indictment, raising, among other things, the question that the indictment failed to allege the ownership of the building burglarized, and, generally, the sufficiency of the indictment. The demurrer was overruled, and he excepted; the ease went to trial, and, at the close of the testimony of the state, the appellant filed a motion requesting the court to advise the jury to return a verdict for him, which…

2Cases cited13 opinions

  1. Ex parte VincentSupreme Court of Alabama · 1855
  2. Mitchell v. CommonwealthCourt of Appeals of Kentucky · 1889
  3. State v. ClarkSupreme Court of Vermont · 1870
  4. State v. HutchinsonSupreme Court of Missouri · 1892
  5. People v. ParkerCalifornia Supreme Court · 1891

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3Cited by18 opinions

  1. United States v. HamiltonCourt of Appeals for the Tenth Circuit · 2018
  2. Potter v. State of FloridaSupreme Court of Florida · 1926
  3. Armour v. StateCourt of Criminal Appeals of Oklahoma · 1941
  4. Rickman v. StateCourt of Criminal Appeals of Oklahoma · 1940
  5. Ross v. StateCourt of Criminal Appeals of Oklahoma · 1944

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