Legal Opinion

Hughes v. State

Court of Criminal Appeals of Oklahoma

Decided April 2, 1912No. A-760PublishedCited by 21 opinions

Appeal from District Court, Coal County; A. T. West, Judge. Lee Hughes was convicted of embezzlement, and brings error. Lee Hughes, plaintiff in error, was prosecuted by information filed in the distinct court of Coal county by James R. Wood, county attorney, on the 11th day of March, 1909, charging him in three counts ■ with embezzlement and larceny of apples and money, the personal property of one H. A. Squires.

Read the full summary

Appeal from District Court, Coal County; A. T. West, Judge. Lee Hughes was convicted of embezzlement, and brings error. Lee Hughes, plaintiff in error, was prosecuted by information filed in the distinct court of Coal county by James R. Wood, county attorney, on the 11th day of March, 1909, charging him in three counts ■ with embezzlement and larceny of apples and money, the personal property of one H. A. Squires. An amended information was filed March 18th, charging embezzlement in the first and larceny in the second count. The county attorney dismissed the count charging larceny, and relied…

1Opinion of the CourtDoyee, J.

(after stating the facts as above). The peti-’ tion alleges 50 assignments of error, 7 oh which go to the sufficiency of the information, and will be. considered together.

It is contended that the amended information should have been set aside on the defendant’s motion, and that his demurrer thereto should have been sustained, because it was not verified properly, and it fails to allege that the defendant had a preliminary examination, and that there is no authority of law for prosecuting by information cases of this kind. Each of these contentions have been decided adversely by this court in…

2Cases cited8 opinions

  1. In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
  2. Blair v. StateCourt of Criminal Appeals of Oklahoma · 1910
  3. Canard v. StateCourt of Criminal Appeals of Oklahoma · 1909
  4. Heacock v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. Steen v. StateCourt of Criminal Appeals of Oklahoma · 1910

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Harvell v. StateCourt of Criminal Appeals of Oklahoma · 1964
  2. Edwards v. StateCourt of Criminal Appeals of Oklahoma · 1913
  3. Browning v. StateCourt of Criminal Appeals of Oklahoma · 1925
  4. Robbins v. StateCourt of Criminal Appeals of Oklahoma · 1916
  5. Griswold v. StateCourt of Criminal Appeals of Oklahoma · 1922

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API