Legal Opinion

Drake v. State

Court of Criminal Appeals of Oklahoma

Decided September 8, 1909No. 63PublishedCited by 2 opinions

Appeal from Creek County Court; Josiah C. Davis, Judge. E. L! Drake was convicted of extortion, and lie appeals. On the 19th day of December, 1907, an information was filed in the county court of Creek county, Okla., against E. L. Drake (hereinafter called defendant), which 'information is as follows: “The State of Oklahoma v. E. L. Drake, Defendant. In the County 'Court of Creek County.

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Appeal from Creek County Court; Josiah C. Davis, Judge. E. L! Drake was convicted of extortion, and lie appeals. On the 19th day of December, 1907, an information was filed in the county court of Creek county, Okla., against E. L. Drake (hereinafter called defendant), which 'information is as follows: “The State of Oklahoma v. E. L. Drake, Defendant. In the County 'Court of Creek County. In the name and by the authority of the state of Oklahoma now comes L. B. Jackson, the duly qualified and acting county attorney in and for Creek county, state of Oklahoma, and gives the county court of Creek…

1Opinion of the Court

FURMAN, PeesidiNG Judge,

(after stating the facts as above). First. There is nothing in the record in this case which shows whether the defendant gave bond and is legally at liberty, pending his appeal, or is confined in jail. If the defendant appears and gives bail, this fact should appear in the record. If the defendant is committed to jail in default of bail, this fact must also appear. Unless the defendant is either under bond or confinement, this court has no assurance that any judgment which it renders will be complied with, and it is a waste of time for this court to1 pass upon the…

2Cases cited2 opinions

  1. De Graff v. StateCourt of Criminal Appeals of Oklahoma · 1909
  2. Salter v. StateCourt of Criminal Appeals of Oklahoma · 1909

3Cited by2 opinions

  1. Butler v. StateCourt of Criminal Appeals of Oklahoma · 1948
  2. Reeves v. StateCourt of Criminal Appeals of Oklahoma · 1939

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