Burke and Brown v. Territory of Oklahoma
Supreme Court of Oklahoma
Error from the District Court of Oklahoma, County. STATEMENT OF THE CASE. On the 23d day of February, 1894, an information sworn to by W. H. Ebey, clerk of the district court of Oklahoma county, Oklahoma Territory, was filed in the distinct court of said county, charging defendants, J. J. Burke and E. E. Brown with contempt of court, in the publication of two certain articles in the “Times-Journal,” a daily newspaper published at Oklahoma City, and in writing a certain…
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Error from the District Court of Oklahoma, County. STATEMENT OF THE CASE. On the 23d day of February, 1894, an information sworn to by W. H. Ebey, clerk of the district court of Oklahoma county, Oklahoma Territory, was filed in the distinct court of said county, charging defendants, J. J. Burke and E. E. Brown with contempt of court, in the publication of two certain articles in the “Times-Journal,” a daily newspaper published at Oklahoma City, and in writing a certain letter to the judge of the district court, the writing of the letter being a part of the commission of contempt. The…
1Opinion of the Court
The opinion of the court was delivered by
Bierjer, J.:
The plaintiffs in error rely upon four propositions for the reversal of the judgment of the court below, which we will consider in their order.
“1. The offense charged should have been presented by indictment.”
Section 2039 of the Statutes of Oklahoma of 1893, provides:
“Every person guilty of any contempt bf court of either of the following kinds is guilty of a misdemeanor; * * *”
The part of this section, not embodied in the quotation, makes such conduct as that complained of here a misdemeanor; and it is contended by the plaintiffs in error,…
2Cases cited13 opinions
- Ex Parte TerrySupreme Court of the United States · 1888
- Ex Parte RobinsonSupreme Court of the United States · 1874
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
- McAllister v. United StatesSupreme Court of the United States · 1891
- Hunter v. N. Y., Ontario & Western R. Co.New York Court of Appeals · 1889
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3Cited by22 opinions
- State ex inf. Crow v. ShepherdSupreme Court of Missouri · 1903
- Van Dyke v. Superior CourtArizona Supreme Court · 1922
- People v. SUPERIOR COURT (1973 GRAND JURY)California Supreme Court · 1975
- Ex Parte SullivanCourt of Criminal Appeals of Oklahoma · 1914
- Ex Parte OwensCourt of Criminal Appeals of Oklahoma · 1927
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