Proctor v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Adair County; Jno. II. Pitchford, Judge. Joe Proctor was convicted of riot, and he appeals. Joe Proctor, plaintiff in error, was charged jointly with Blister Scraper, Henry Turn, and Charles Sanders with the crime of riot, alleged to have been committed on or about May 22, 1909. Said information alleges that: “They, the said Joe Proctor, Buster Scraper, Henry Turn, and Chas.
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Appeal from District Court, Adair County; Jno. II. Pitchford, Judge. Joe Proctor was convicted of riot, and he appeals. Joe Proctor, plaintiff in error, was charged jointly with Blister Scraper, Henry Turn, and Charles Sanders with the crime of riot, alleged to have been committed on or about May 22, 1909. Said information alleges that: “They, the said Joe Proctor, Buster Scraper, Henry Turn, and Chas. Sanders, did then and there riotously assemble to obstruct and resist a public officer of this state, to wit, W. C. Colvin, marshal of the incorporated town of Westville, in the execution of…
1Opinion of the Court
DCYDE,-Judge
(after stating the facts as above). Counsel for plaintiff in er-ror contend that there is no testimony tending to prove the commission of the crime of riot, and that the testimony tends only to show the commission of a misdemeanor, for which offense the district court of Adair county did not have jurisdiction.
The provisions of the statute dealing -with the subject of riot are as follows:
“Sec. 2497 (Snyder’s Sts.). Any use of force or violence, or any threats to use force or violence if accompanied by immediate power of execution, by three or more persons acting together and…
2Cited by6 opinions
- Graham v. StateCourt of Criminal Appeals of Oklahoma · 1942
- Casteel v. StateCourt of Criminal Appeals of Oklahoma · 1916
- Schoolcraft v. StateCourt of Criminal Appeals of Oklahoma · 1947
- Symonds v. StateCourt of Criminal Appeals of Oklahoma · 1939
- TERRY v. DRUMMONDCourt of Criminal Appeals of Oklahoma · 2025
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