Legal Opinion

Heatley v. Territory of Oklahoma

Supreme Court of Oklahoma

Decided September 3, 1904PublishedCited by 12 opinions

Error from the District Court of Ghreer County; before C. F. Irwin, Trial Judge.

1Opinion of the Court

Opinion of the court by

Burford, C. J.:

The plaintiff in error, Jeff D. Heat-ley, was charged, convicted and sentenced in the district court of Greer county, for the crime of shooting one R. Bell with a firearni, with the intent to kill the said Bell. The prisoner appealed.

The first objection presented by counsel for the plaintiff in error is that the indictment does not charge a' public offense. There is some repetition and some surplusage in the indictment, but under sec. 2206, Wilson’s Statutes, 1903, the material averments necessary to charge a public offense, are, “that in the county of…

2Cases cited5 opinions

  1. Glaser v. GlaserSupreme Court of Oklahoma · 1903
  2. Green v. CovillaudCalifornia Supreme Court · 1858
  3. Everett v. AkinsSupreme Court of Oklahoma · 1899
  4. W. T. Carter & Bro. v. Missouri Mining & Lumber Co.Supreme Court of Oklahoma · 1895
  5. Stutsman v. the Territory of OklahomaSupreme Court of Oklahoma · 1898

3Cited by12 opinions

  1. Maddox v. StateCourt of Criminal Appeals of Oklahoma · 1916
  2. Fire Ass'n of Philadelphia v. Farmers' Gin Co.Supreme Court of Oklahoma · 1913
  3. Dickson v. StateCourt of Criminal Appeals of Oklahoma · 1924
  4. Deen v. StateCourt of Criminal Appeals of Oklahoma · 1912
  5. Nance v. StateCourt of Criminal Appeals of Oklahoma · 1992

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