Harris v. United States
Court of Criminal Appeals of Oklahoma
Appeal from- District Court, Johnston County; A. T. West, Judge. On March 20, 1907, Eoss Hárris was indicted in the United States Court for the Southern District of Indian Territory for the crime of larceny.
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Appeal from- District Court, Johnston County; A. T. West, Judge. On March 20, 1907, Eoss Hárris was indicted in the United States Court for the Southern District of Indian Territory for the crime of larceny. Upon the admission of Oklahoma into the Union the cause was transferred to the District Court of Johnston County, and was tried during the September, 1908, term of said court, resulting in a conviction and a judgment imposing upon the defendant a term of imprisonment in the penitentiary. He filed a motion for a new trial, which was overruled, and he appeals. —On necessity of arraignment:…
1Opinion of the Court
RICHARDSON, Judge.
In the impaneling of the trial jury plaintiff in error demanded twenty peremptory challenges, the number allowed a defendant in felony cases under the law in force in the Indian Territory before the admission of Oklahoma into the Union. This the court refused, and restricted plaintiff in error’s peremptory challenges to five, the number authorized by the statutes of Oklahoma. Such action of the court is assigned as error. The state has- filed a confession of error upon this point, stating in effect that a law curtailing the defendant’s peremptory challenges, enacted after…
2Cases cited16 opinions
- Kring v. MissouriSupreme Court of the United States · 1883
- Crain v. United StatesSupreme Court of the United States · 1896
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- State v. HoytSupreme Court of Connecticut · 1880
- Commonwealth v. DorseyMassachusetts Supreme Judicial Court · 1869
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3Cited by9 opinions
- State v. GreerOhio Supreme Court · 1988
- Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
- People v. SchmidtCalifornia Court of Appeal · 1917
- Haynes v. StateCourt of Criminal Appeals of Alabama · 1982
- Ray v. StateCourt of Criminal Appeals of Oklahoma · 1928
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