Legal Opinion

Tyler v. State

Court of Criminal Appeals of Oklahoma

Decided November 18, 1909No. A-261PublishedCited by 25 opinions

Appeal from District Court, Blaine County; Prank M. Bailey, Judge. P. F. Tyler was convicted of forgery and appealed. Motion by the State to dismiss the appeal, for the reason that appellant had escaped from, the custody of the law and was a fugitive from justice. Plaintiff in error, P. F. Tyler, was indicted in the district court of Blaine county, tried by a jury, and found guilty of the crime of forgery.

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Appeal from District Court, Blaine County; Prank M. Bailey, Judge. P. F. Tyler was convicted of forgery and appealed. Motion by the State to dismiss the appeal, for the reason that appellant had escaped from, the custody of the law and was a fugitive from justice. Plaintiff in error, P. F. Tyler, was indicted in the district court of Blaine county, tried by a jury, and found guilty of the crime of forgery. Motions for a new trial and in arrest of judgment having been made, and overruled and exceptions allowed, the court adjudged according to the verdict, on the 22d day of April, 1909, that…

1Opinion of the CourtDoyle, Judge

(after stating the facts as 'above). The question presented for decision, by the motion of the Attorney General on behalf of the state, in this case, is a new one in this court, although the like question has often been considered and decided by other courts of last resort. It will be observed that it is shown by the affidavit of the' sheriff of Blaine county, upon which the motion to dismiss is founded, that the plaintiff in error, P. F. Tyler, escaped from his custody on the 6th day of August, 1909, and is at large as an escaped convict. His appeal to this court was perfected on July 17,…

2Cases cited5 opinions

  1. Smith v. United StatesSupreme Court of the United States · 1876
  2. People of the State of N.Y. v. . GenetNew York Court of Appeals · 1874
  3. Commonwealth v. AndrewsMassachusetts Supreme Judicial Court · 1867
  4. People v. RedingerCalifornia Supreme Court · 1880
  5. McGowan v. PeopleIllinois Supreme Court · 1882

3Cited by25 opinions

  1. Irvin v. StateIndiana Supreme Court · 1957
  2. Bradford v. StateTennessee Supreme Court · 1947
  3. Spradling v. SpradlingSupreme Court of Oklahoma · 1919
  4. State v. BroomOregon Supreme Court · 1927
  5. Belcher v. StateCourt of Criminal Appeals of Oklahoma · 1913

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