Rupert v. State
Court of Criminal Appeals of Oklahoma
Appeal from. Blaine County Court; George W. Ferguson, Judge. Paris Rupert was convicted in two cases of the violation of the game laws, and he appeals. These cases arising upon like facts and involving the same principles of law will be considered together.
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Appeal from. Blaine County Court; George W. Ferguson, Judge. Paris Rupert was convicted in two cases of the violation of the game laws, and he appeals. These cases arising upon like facts and involving the same principles of law will be considered together. From the records in the respective cases, the following facts appear: February 23, 1911, there were filed two informations in the county court of Blaine county; each charging plaintiff in error, Paris Rupert, with a violation of the game laws. On these informations the said Paris Rupert was arraigned on February 24, 1911, and entered pleas…
1Opinion of the CourtDoyle, J.
The single question presented for our decision is: Could the county court legally impose the judgments and sentences appealed from? Otherwise stated, has a court the power to revise and increase a judgment and sentence at the same term after it has' been executed and satisfied?
The general power of a court to reconsider its judgment and sentence and reverse, vacate, or modify it at any time during the term in which it was rendered, or to increase or diminish the sentence which it has imposed, where the original sentence has not been executed or put into operation, is undeniable. Bish. New…
2Cases cited2 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Stout v. State Ex Rel. CaldwellSupreme Court of Oklahoma · 1913
3Cited by37 opinions
- Rowley v. WelchCourt of Appeals for the D.C. Circuit · 1940
- Polk v. StateCourt of Criminal Appeals of Oklahoma · 1924
- State v. LairdSupreme Court of New Jersey · 1957
- Ex Parte Clyde MeadowsCourt of Criminal Appeals of Oklahoma · 1941
- Gallinaro v. CommonwealthMassachusetts Supreme Judicial Court · 1973
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