Johnston v. Circuit Court, Mult. Co.

(concurring in the result.) An appeal from the Circuit Court to the Supreme Court having been perfected in the case of The State of Oregon v. Carl H. Johnston and C. A. De Grace, in which, among other things, the sufficiency of the indictment is challenged by a demurrer, the Circuit Court is without jurisdiction to try that case or make any valid order therein except to make those orders which are necessary for the presentation of the case in the Supreme Court: State v. Sutton, 232 Mo. 251 (134 S. W. 664); Reed v. State, 10 Okl. Cr. App. 444 (137 P. 369); France v. Superior Court, 201 Cal.…