Cowart v. State
Court of Criminal Appeals of Oklahoma
Appeal from the District Court of Pottawatomie County; J. H. Woods, Special Judge. Rand Cowart was indicted for murder, and was convicted of manslaughter in the second degree. On question whether sec. 9, art. 10, Const, is self-executing: Cooley, Const. Lim. (7th Ed.) p. 127; Railroad Co. v. Lawrence County, 27 111. 50; Long v. Billings, 7 Wash. 267; French v. Teschemaker, 24 Cal. 518; Railroad Co. v. Fire Ass’n Phila., 60 Ark. 325. On same question: Davis v. Burke, 179 II.
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Appeal from the District Court of Pottawatomie County; J. H. Woods, Special Judge. Rand Cowart was indicted for murder, and was convicted of manslaughter in the second degree. On question whether sec. 9, art. 10, Const, is self-executing: Cooley, Const. Lim. (7th Ed.) p. 127; Railroad Co. v. Lawrence County, 27 111. 50; Long v. Billings, 7 Wash. 267; French v. Teschemaker, 24 Cal. 518; Railroad Co. v. Fire Ass’n Phila., 60 Ark. 325. On same question: Davis v. Burke, 179 II. S. 403; State v. Holmes (Wash.) 40 Pac. 736; Parker Co. v. Jackson, 5 Tex. Civ. App. 37; Trigg v. State, 49 Tex. 645;…
1Opinion of the Court
RICHARDSON, Judge.
During the impaneling of the grand jury which returned the indictment in this case, plaintiff in error interposed a challenge to one E. E. Romberg, who was drawn and summoned as a grand juror, on the statutory ground that Romberg had testified as a witness for the state in plaintiff in error’s examining trial and was under subpoena by the state as a witness against plaintiff in error before the grand jury. The county attorney admitted the truth of the facts alleged, but the court for some reason overruled the challenge; and this is assigned as error.
The ease-made does not…
2Cases cited3 opinions
- Ex Parte WagnerSupreme Court of Oklahoma · 1908
- Ex Parte WagnerCourt of Criminal Appeals of Oklahoma · 1908
- Fooshee v. StateCourt of Criminal Appeals of Oklahoma · 1910
3Cited by6 opinions
- McKee v. De GraffenreidSupreme Court of Oklahoma · 1912
- Dodd v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Spade v. MortonSupreme Court of Oklahoma · 1911
- Finerty v. WilliamsSupreme Court of Oklahoma · 1921
- Stanclift v. SwingleSupreme Court of Oklahoma · 1911
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