State v. Brown
Court of Criminal Appeals of Oklahoma
Mandamus by the State against T. L. Brown. A petition for a writ of mandamus was filed in this court by the county attorney of Nowata county, which, in substance and effect, alleges that an action is now pending in the district court of Nowata county, wherein the State of Oklahoma is plaintiff and H. O. Jeffries is defendant, in which said Jeffries, is charged with the crime of murder, and that the respondent, Hon. T. L. Brown, is the duly elected, qualified, and acting…
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Mandamus by the State against T. L. Brown. A petition for a writ of mandamus was filed in this court by the county attorney of Nowata county, which, in substance and effect, alleges that an action is now pending in the district court of Nowata county, wherein the State of Oklahoma is plaintiff and H. O. Jeffries is defendant, in which said Jeffries, is charged with the crime of murder, and that the respondent, Hon. T. L. Brown, is the duly elected, qualified, and acting judge of said district court. The petition further alleges in general terms that the state cannot have a fair and impartial…
1Opinion of the CourtFurman, P. J.
(after stating the facts as above). First. Can the state in a criminal case disqualify a trial judge upon the ground that he is so biased in favor of the defendant that the state cannot secure a fair and impartial trial of said cause before said judge? It is contended by the state and conceded by the respondent that a defendant in a criminal action has no right to insist that he be tried before a judge prejudiced in his favor, or before any particular judge, and that no rights of a defendant are invalidated by the substitution of a judge impartial as between him and the state. We think this…
2Cases cited7 opinions
- Ex Parte HudsonCourt of Criminal Appeals of Oklahoma · 1910
- Ex Parte HudsonCourt of Criminal Appeals of Oklahoma · 1910
- State Ex Rel. Ikard v. Russell, JudgeSupreme Court of Oklahoma · 1912
- Ex Parte AndersonSupreme Court of Oklahoma · 1912
- State v. PollockCourt of Criminal Appeals of Oklahoma · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. FrisbeeCourt of Criminal Appeals of Oklahoma · 1912
- State Ex Rel. Brown v. DewellSupreme Court of Florida · 1938
- Russell v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Hale v. Board of County Commissioners of Seminole CountySupreme Court of Oklahoma · 1979
- State v. RobinsonCourt of Criminal Appeals of Oklahoma · 1975
18 more not listed; retrieve them via the Exa API.