Garrison v. Territory of Oklahoma
Supreme Court of Oklahoma
Error from the District Court of Ohlahoma County; before John II. Burford, Trial Judge. STATEMENT OE FACTS. At the November term, 1902, of the district court, held in and for Oklahoma county, an indictment was returned by the grand jury of that county, charging the defendant, one George G. Garrison, with the crime of rape, committed upon the person of one Lucy Patt, on the 26th day of February, 1903. In said indictment one Ann Wynn, was therein charged jointly with the said…
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Error from the District Court of Ohlahoma County; before John II. Burford, Trial Judge. STATEMENT OE FACTS. At the November term, 1902, of the district court, held in and for Oklahoma county, an indictment was returned by the grand jury of that county, charging the defendant, one George G. Garrison, with the crime of rape, committed upon the person of one Lucy Patt, on the 26th day of February, 1903. In said indictment one Ann Wynn, was therein charged jointly with the said Géorge Garrison, with the crime of rape, by being feloniously present, and aiding, abetting and protecting the said…
1Opinion of the Court
Opinion of the court by
IewiN, J.:
The first assignment of error presented by counsel for plaintiff in error is, that the coming of Chief Justice Burford to try the case, was irregular. Now it does not make so much difference whether his coming’ was regular or irregular, if it was legal and in accordance with the provisions of law. The law provides that the supreme court, if in session, shall assign a judge to try the cause, when the presiding judge is disqualified, and when said supreme court is not in session, this duty shall be performed by the chief justice. Now if this duty was performed…
2Cases cited7 opinions
- People v. YoakumCalifornia Supreme Court · 1879
- Freleigh v. StateSupreme Court of Missouri · 1844
- Gray v. PeopleIllinois Supreme Court · 1861
- Lowrey v. HogueCalifornia Supreme Court · 1890
- Higgins v. CommonwealthCourt of Appeals of Kentucky · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fire Ass'n of Philadelphia v. Farmers' Gin Co.Supreme Court of Oklahoma · 1913
- Vance v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- In Re Captain's EstateSupreme Court of Oklahoma · 1942