Steil v. Territory of Oklahoma
Supreme Court of Oklahoma
.Error from the District Court of Blaine County; before John L. McAtee, Trial Judge. STATEMENT OE PACTS. At the October term of the district court of Blaine •county, Oklahoma Territory, John Steil, the plaintiff in error, was tried* by a jury upon an indictment found by the grand jury of that county, the charging part of which indictment was substantially in the following language: “John Steil and Joe Steil, late of the county aforesaid, on June 24, 1899, in the county of…
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.Error from the District Court of Blaine County; before John L. McAtee, Trial Judge. STATEMENT OE PACTS. At the October term of the district court of Blaine •county, Oklahoma Territory, John Steil, the plaintiff in error, was tried* by a jury upon an indictment found by the grand jury of that county, the charging part of which indictment was substantially in the following language: “John Steil and Joe Steil, late of the county aforesaid, on June 24, 1899, in the county of Blaine and Territory of Oklahoma aforesaid, did, unlawfully, wilfully, stealthily and feloniously, take, steal and carry…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
There are numerous assignments of error in this ease, but we think it is only necessary to consider one, to-wit, the error assigned that the court overruled the motion-in arrest of judgment. We take it that this indictment is drawn under the statute of the Territory of Oklahoma defining lar ceny, as it concludes with the language,.“contrary to;the form of the.statute,” which .language clearly indicates-.that the prosecution is under a statute,-and not the common law. (Hughes-Criminal Law and Procedure, see. 2.755,). ,
“An indictment eoncludihg ‘contrary to the…
2Cases cited5 opinions
- State v. McCormickSupreme Court of Iowa · 1869
- Jewell v. Territory of OklahomaSupreme Court of Oklahoma · 1896
- McClerkin v. StateSupreme Court of Florida · 1884
- Parker v. Territory of OklahomaSupreme Court of Oklahoma · 1899
- State v. KoernerSupreme Court of Missouri · 1872
3Cited by4 opinions
- First State Bank of Mangum v. LockSupreme Court of Oklahoma · 1925
- Burnett v. StateIndiana Supreme Court · 1929
- Burnett v. StateIndiana Supreme Court · 1929
- Cox v. StateCourt of Criminal Appeals of Oklahoma · 1920