Legal Opinion
Cudd v. State
Supreme Court of Oklahoma
Decided September 13, 1932No. 21213PublishedCited by 2 opinions
1Opinion of the CourtRIILFiT, J.
This is an appeal from a judgment rendered against plaintiff in error in the county court of Pittsburg county in a bastardy proceeding.
The first assignment presented is that the trial court erred in overruling a motion to quash the complaint. The contention is that the complaint was verified before a notary public and that the verification should have been before a magistrate.
A complaint charging the commission of a misdemeanor should toe verified before a judicial officer. Bowes v. State, 7 Okla. Or. 316, 126 P. 580.
A notary public is not a magistrate. Ex parte Owen, 10 Okla. Cr. 284, 136 P.…
2Cases cited10 opinions
- Bowes v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Ratzlaff v. StateSupreme Court of Oklahoma · 1924
- In Re ComstockSupreme Court of Oklahoma · 1900
- Anderson v. StateSupreme Court of Oklahoma · 1914
- Ex Parte OwenCourt of Criminal Appeals of Oklahoma · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Roberts v. StateSupreme Court of Oklahoma · 1951
- Boston v. State Ex Rel. MayberrySupreme Court of Oklahoma · 1938