Legal Opinion

Colbert v. State

Court of Criminal Appeals of Oklahoma

Decided December 20, 1910No. A-117PublishedCited by 18 opinions

Appeal from District Court, Pittsburg Countyj Preslie B. Cole, Judge. Bill Colbert was convicted of conjoint robbery and sentenced to imprisonment for life, and he appeals. Plaintiff in error was, at the October, 1908, term of the district court of Pittsburg county, jointly indicted with John Jolly and Claude Colbert for the crime of conjoint robbery. Upon arraignment he entered a plea of not guilty and demanded a severance, which was granted.

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Appeal from District Court, Pittsburg Countyj Preslie B. Cole, Judge. Bill Colbert was convicted of conjoint robbery and sentenced to imprisonment for life, and he appeals. Plaintiff in error was, at the October, 1908, term of the district court of Pittsburg county, jointly indicted with John Jolly and Claude Colbert for the crime of conjoint robbery. Upon arraignment he entered a plea of not guilty and demanded a severance, which was granted. The facts, as disclosed by the evidence, are substantially as follows: John White was assaulted, bound and gagged, and then robbed, at his home in…

1Opinion of the CourtDoyle, Judge

(after stating the facts as above). The petition sets forth thirty-seven assignments of error, less than one-half of which are argued in the brief.

The first assignment is:

“That the court erred in overruling the defendant’s challenge for cause to the juror, Grace.”

The voir dire examination of the juror, John Grace, is the only part of the proceedings had in connection with the selection of the jury to try the case that is contained in the case-made. It is not shown that the defendant exercised or exhausted his peremptory challenges. The record proper shows that said Grace was not a member of…

2Cases cited3 opinions

  1. Hyde v. Territory of OklahomaSupreme Court of Oklahoma · 1899
  2. Alcorn v. GiesekeCalifornia Supreme Court · 1910
  3. Vance v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909

3Cited by18 opinions

  1. Green v. StateCourt of Criminal Appeals of Oklahoma · 1985
  2. Davenport v. StateCourt of Criminal Appeals of Oklahoma · 1921
  3. Montgomery v. StateCourt of Criminal Appeals of Oklahoma · 1921
  4. Jones v. StateCourt of Criminal Appeals of Oklahoma · 1913
  5. Collins v. StateCourt of Criminal Appeals of Oklahoma · 1918

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