Legal Opinion
State v. Gray
Court of Criminal Appeals of Oklahoma
Decided March 12, 1941No. A-9718PublishedCited by 24 opinions
1Opinion of the CourtDoyle, J.
It is well settled that no writ oí error or appeal lies on behalf of the state to review or set aside a verdict or judgment of acquittal in a criminal case, however, while the state cannot bring error or appeal to afford the state an opportunity for a new trial after acquittal, there is no constitutional limitation in this state in conflict with our statute authorizing an appeal on a question of law reserved by the state. State v. Smith, 30 Okla. Cr. 144, 235 P. 273, and cases cited.
The right of the state to appeal from any order or judgment of a trial court rests upon statutory authority…
2Cases cited28 opinions
- State v. FrisbeeCourt of Criminal Appeals of Oklahoma · 1912
- State v. RuleCourt of Criminal Appeals of Oklahoma · 1914
- State v. SowardsCourt of Criminal Appeals of Oklahoma · 1938
- United States v. EvansSupreme Court of the United States · 1909
- Smith v. StateCourt of Criminal Appeals of Oklahoma · 1925
23 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State v. StoutCourt of Criminal Appeals of Oklahoma · 1949
- State v. RobinsonCourt of Criminal Appeals of Oklahoma · 1975
- State v. SandferCourt of Criminal Appeals of Oklahoma · 1951
- Govert Copier Painting v. Van LeeuwenCourt of Appeals of Utah · 1990
- State v. DurhamCourt of Criminal Appeals of Oklahoma · 1976
19 more not listed; retrieve them via the Exa API.