Baker v. State
Court of Criminal Appeals of Oklahoma
Error from District Court, Pittsburg Countyj B. W. Higgins, ■Judge. William Baker and another were convicted of simple assault, and they bring error. Plaintiffs in error, hereafter referred to as “defendants,” were indicted in the district court of Pittsburg county, at the January term, 1908, charged with having committed an assault on H. B. Stile with deadly weapons on the 5th day of July, 1907. The case was transferred to the county court of Pittsburg county.
Read the full summary
Error from District Court, Pittsburg Countyj B. W. Higgins, ■Judge. William Baker and another were convicted of simple assault, and they bring error. Plaintiffs in error, hereafter referred to as “defendants,” were indicted in the district court of Pittsburg county, at the January term, 1908, charged with having committed an assault on H. B. Stile with deadly weapons on the 5th day of July, 1907. The case was transferred to the county court of Pittsburg county. Defendants filed a motion to quash the indictment, which was overruled, and then a demurrer to the indictment, which was overruled,…
1Opinion of the Court
.OWEN, Judge
(after, stating the facts as aboye). The petition in error and the brief filed by counsel for defendants present three questions only: First, the'question of the jurisdiction of the court to try the case; second, the validity -of the indictment; and, third, that' the jury assessed the punishment, and not the court.
The indictment -in this case alleges that -the offense was committed on the’ 5th day of July, 1907, which was prior to statehood. The indictment was returned at the January term, 1908, after statehood, and concludes “against the peace and dignity of the state.” Counsel…
2Cases cited9 opinions
- Ex Parte HowlandCourt of Criminal Appeals of Oklahoma · 1909
- Chandler v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Sharp v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Ex Parte CurleeSupreme Court of Oklahoma · 1908
- Ex Parte BaileyCourt of Criminal Appeals of Oklahoma · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Washmood v. United StatesCourt of Criminal Appeals of Oklahoma · 1913
- Reddell v. StateCourt of Criminal Appeals of Oklahoma · 1975
- Leasure v. StateCourt of Criminal Appeals of Oklahoma · 1930
- In Re PruittCourt of Criminal Appeals of Oklahoma · 1915