Wells v. Territory
Court of Criminal Appeals of Oklahoma
Error from District Court, Payne County; J. H. Burford, Judge. Moses Wells was convicted of forgery, and brings error. Plaintiff in error, Moses Wells, hereinafter referred to as “the defendant,” was. prosecuted by indictment for the crime of forgery, in the district court of Payne county, Okla. T., at the April term, 1906, which indictment, omitting the formal parts, reads as follows: “Territory of Oklahoma v. Moses Wells. Indictment.
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Error from District Court, Payne County; J. H. Burford, Judge. Moses Wells was convicted of forgery, and brings error. Plaintiff in error, Moses Wells, hereinafter referred to as “the defendant,” was. prosecuted by indictment for the crime of forgery, in the district court of Payne county, Okla. T., at the April term, 1906, which indictment, omitting the formal parts, reads as follows: “Territory of Oklahoma v. Moses Wells. Indictment. Of the April term of the district court of the first judicial district of the territory of Oklahoma, within and for Payne county, in said territory, in the…
1Opinion of the Court
DOYLE, Judge.
The first assignment of error relied on by the defendant to reverse this case is the overriding of the defendant’s demurrer to the indictment. The third ground of said demurrer is as follows: “(3) That said indictment upon its face attempts to charge more than one offense' against the laws of the territory of Oklahoma.” Section 224, Code Cr. Proc. (Wilson’s Rev. & Ann. St. 1903, § 5360), prescribes that an indictment must charge but one offense; but where the same acts may constitute different offenses, or the proof may be uncertain as to which of two or more offenses accused may…
2Cases cited7 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- People v. DoleCalifornia Supreme Court · 1898
- Selby v. StateIndiana Supreme Court · 1904
- Elsey v. StateSupreme Court of Arkansas · 1886
- Miller v. StateIndiana Supreme Court · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Milton v. United StatesCourt of Appeals for the D.C. Circuit · 1940
- Burns v. StateCourt of Criminal Appeals of Oklahoma · 1941
- Reniff v. StateCourt of Criminal Appeals of Oklahoma · 1932
- Williams v. StateCourt of Criminal Appeals of Oklahoma · 1919
- Vanderslice v. StateCourt of Criminal Appeals of Oklahoma · 1936
18 more not listed; retrieve them via the Exa API.