Legal Opinion

Chandler v. State

Court of Criminal Appeals of Oklahoma

Decided December 7, 1909No. A-113PublishedCited by 17 opinions

.Error from District Coitrt, Seminole County; Malcolm E. Rosser, Judge. J. J. Chandler was convicted of crime, and brings error. On the 20th day of January, 1908, complaint was filed before H. M. Tate, justice of the peace, charging the defendant with an attempt to procure an abortion upon Barbara Brown. Upon hearing, the defendant was held for appearance before the district court of Seminole county.

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.Error from District Coitrt, Seminole County; Malcolm E. Rosser, Judge. J. J. Chandler was convicted of crime, and brings error. On the 20th day of January, 1908, complaint was filed before H. M. Tate, justice of the peace, charging the defendant with an attempt to procure an abortion upon Barbara Brown. Upon hearing, the defendant was held for appearance before the district court of Seminole county. The county attorney of- said county, on the 4th day of January, 1908, filed an information against the defendant, and on the 28th day of November, 1908, after the trial had begun, amended the…

1Opinion of the Court

It appears that this case was tried before Malcolm E. Rosser, at a special term of the district court of Seminole county, and that the case-made was settled and signed by A.T. West. The Attorney General urges that the case-made is not properly before this court, for the reason that the case-made must be signed and settled by the judge who tried the case. Section 6074, Comp. Laws Okla. 1909 (section 4741, Wilson's Rev. Ann. St. 1903), provides, among other things, as follows:

"The case and amendments shall be submitted to the judge who shall settle and sign the same, and cause it to be attested…

2Cases cited7 opinions

  1. Hodgden v. Comm'rs of Ellsworth Co.Supreme Court of Kansas · 1873
  2. Reed v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
  3. Hennesy v. FarrellWisconsin Supreme Court · 1865
  4. State v. JonesNew York Court of General Session of the Peace · 1902
  5. City of Enid v. WiggerSupreme Court of Oklahoma · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Young v. StateCourt of Criminal Appeals of Oklahoma · 1962
  2. Soper v. StateCourt of Criminal Appeals of Oklahoma · 1921
  3. Rollen v. StateCourt of Criminal Appeals of Oklahoma · 1912
  4. Moore v. StateCourt of Criminal Appeals of Oklahoma · 1950
  5. Reddell v. StateCourt of Criminal Appeals of Oklahoma · 1975

12 more not listed; retrieve them via the Exa API.

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