Legal Opinion

State v. Clifton

Court of Criminal Appeals of Oklahoma

Decided April 6, 1909No. A-2PublishedCited by 6 opinions

Error from, Goal County Court; B. II. Wells, Judge. Henry Clifton was indicted for _ unlawful sale of liquors From an order of dismissal, the state brings err.or.

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Error from, Goal County Court; B. II. Wells, Judge. Henry Clifton was indicted for _ unlawful sale of liquors From an order of dismissal, the state brings err.or. The defendant, Henry Clifton (who will be hereinafter referred to as the “accused”), was indicted by the grand jury of Coal county at the March, 1908, term of the district court of said county, charging him with bartering, selling, and furnishing to one Taylor Altman intoxicating liquor to wit, whisky, on the- day of December, 1907, and said indictment was duly returned into said district court on April 2', 1908. On the 11th day of…

1Opinion of the Court

BAKEK, Judge,

(after stating the facts as above). The motion of the defendant in error to dismiss the appeal herein will first .receive our attention. It is urged that this motion to dismiss should be- allowed, because said appeal is not on a judgment for the accused in quashing or setting aside an indictment or information, that said appeal is not upon an order of the court arresting the judgment in said case, and because said appeal is not upon a question reserved to the state of Oklahoma. We think this appeal is authorized under the third subdivision of section 5608, Wilson’s Eev. & Ann.…

2Cases cited5 opinions

  1. Austin v. StateCourt of Criminal Appeals of Texas · 1897
  2. Ex Parte CainSupreme Court of Oklahoma · 1908
  3. Mitten v. StateCourt of Appeals of Texas · 1887
  4. Cobb v. StateCourt of Criminal Appeals of Texas · 1907
  5. Ex Parte M.J. WadeCourt of Criminal Appeals of Oklahoma · 1909

3Cited by6 opinions

  1. State v. FrisbeeCourt of Criminal Appeals of Oklahoma · 1912
  2. State v. RobinsonCourt of Criminal Appeals of Oklahoma · 1975
  3. State v. BrownCourt of Criminal Appeals of Oklahoma · 1912
  4. Yaltz v. StateCourt of Criminal Appeals of Oklahoma · 1909
  5. Hendrix v. StateCourt of Criminal Appeals of Oklahoma · 1911

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