Legal Opinion

Turner v. State

Court of Criminal Appeals of Oklahoma

Decided September 3, 1912No. A-1179PublishedCited by 27 opinions

Appeal from District Court, Oklahoma County; W. R. Taylor, Judge. Elijah Turner and others were convicted of murder, and they appeal.

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Appeal from District Court, Oklahoma County; W. R. Taylor, Judge. Elijah Turner and others were convicted of murder, and they appeal. The charging part of the information is as follows: “That the above-named Bob Johnson, John Henry Prather, James Holmes, Charlie Posey, and Elijah Turner did, in Okla-hóma county, and in the state of Oklahoma, on the 9th day of March, in the year of our Lord A. D. 1911, commit the crime of murder in manner and form as follows: Unlawfully, wilfully, feloniously without authority of law, and with a premeditated design to effect the death of one W. H. Archie, make…

1Opinion of the CourtFurman, P. J.

(after stating the facts as above). This is a companion case to that of James Holmes v. State, 6 Okla. Cr. 541, 119 Pac. 430, 120 Pac. 300. The material facts of the case will be found stated in Holmes’ case. It is therefore not necessary to repeat them here.

First. When this case was submitted, counsel for appellants delivered an able, earnest, and instructive oral argument in their behalf, in which he attacked the sufficiency of the information. The first proposition was that the information was invalid and insufficient because it did not allege the name of the defendant who fired the fatal…

2Cases cited15 opinions

  1. United States v. CruikshankSupreme Court of the United States · 1876
  2. Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
  3. Vickers v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
  4. Morris v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
  5. Ford v. StateCourt of Criminal Appeals of Oklahoma · 1912

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

3Cited by27 opinions

  1. Fritz v. StateCourt of Criminal Appeals of Oklahoma · 1912
  2. Anderson v. StateCourt of Criminal Appeals of Oklahoma · 1912
  3. State v. RoselliSupreme Court of Kansas · 1921
  4. Ball v. StateCourt of Criminal Appeals of Oklahoma · 2007
  5. State v. RedingIdaho Supreme Court · 1932

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

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