In Re McNaught
Court of Criminal Appeals of Oklahoma
Original application by George W. McNaught for a writ of habeas corpus. The petitioner, George W. McNaught, was convicted in the district court of Kingfisher county of manslaughter in the first degree, and he was sentenced to life imprisonment in the state penitentiary under an information filed by the county attorney of said county.
Read the full summary
Original application by George W. McNaught for a writ of habeas corpus. The petitioner, George W. McNaught, was convicted in the district court of Kingfisher county of manslaughter in the first degree, and he was sentenced to life imprisonment in the state penitentiary under an information filed by the county attorney of said county. On December 7, 1908, he filed in this court a petition signed and verified by his oath, and which, omitting the formal parts, was as follows: “Comes now George W. McNaught of Kingfisher, Oklahoma, and alleges: That on the 28th day of September, 1908, the same…
1Opinion of the Court
DOYLE, Judge,
(after stating the facts as above). The counsel for petitioner at the outset contend that his trial, conviction, and sentence and his restraint is in violation of his rights under the Constitution and the laws of the state of Oklahoma and the Constitution of the United States; that it appears upon the face of the judgment that the petitioner has never been legally or otherwise presented or indicted by a grand jury, and that he was proceeded against by information made, verified, and filed by the county attorney of Kingfisher county after examination and commitment by a magistrate…
2Cases cited45 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Ex Parte WallSupreme Court of the United States · 1883
40 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Tweedy v. Oklahoma Bar Ass'nSupreme Court of Oklahoma · 1981
- Brown v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Jones v. StateCourt of Criminal Appeals of Oklahoma · 1983
- Turner v. City of LawtonSupreme Court of Oklahoma · 1986
- In Re TalleyCourt of Criminal Appeals of Oklahoma · 1910
75 more not listed; retrieve them via the Exa API.