Legal Opinion

McLellan v. State

Court of Criminal Appeals of Oklahoma

Decided September 7, 1909No. A-124PublishedCited by 24 opinions

Appeal from Choctaiu County Court; W. T. Glenn, Judge. E. S. McLellan was convicted of conspiracy to resist legal process, and appeals.

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Appeal from Choctaiu County Court; W. T. Glenn, Judge. E. S. McLellan was convicted of conspiracy to resist legal process, and appeals. An information was filed against E. S. McLellan (hereinafter ■ called defendant), on the 17th day of November, 1908, in the county court of Choctaw county charging him with having- en-terecl into a conspiracy to resist the execution of certain legal process, which said information is as follows: “In the County Court of Choctaw County, Oklahoma. The State of Oklahoma v. E. S. McLellan. Information for Resisting Arrest. In the name and by the authority of the…

1Opinion of the Court

FURMAN, PRESIDING Judge,

(after .stating the flacts as above). The Attorney General files a motion to dismiss this appeal upon the ground that the record filed in this court does not contain a final judgment of the court against the defendant. The record contains the following ruling of the court upon the defendant’s motion for'a new trial:

“Now, on this the 9th day of December, 1908, there coming on for hearing the motion of the defendant herein for a new trial, the defendant appears in person and by his attorneys, Thus. S. Hardison and Geo. W. Bichardson; and the court, having considered said…

2Cases cited7 opinions

  1. Mayfield v. StateTexas Supreme Court · 1874
  2. Sproat v. DurlandSupreme Court of Oklahoma · 1898
  3. Gardenhire v. BurdickSupreme Court of Oklahoma · 1898
  4. Calvin v. StateTexas Supreme Court · 1859
  5. Brown v. Territory of OklahomaSupreme Court of Oklahoma · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. Bradford v. StateCourt of Criminal Appeals of Oklahoma · 1910
  2. Dansby v. StateCourt of Criminal Appeals of Oklahoma · 1912
  3. Harjoe v. StateCourt of Criminal Appeals of Oklahoma · 1918
  4. G.B. Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1915
  5. Fowler v. StateCourt of Criminal Appeals of Oklahoma · 1914

19 more not listed; retrieve them via the Exa API.

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