Legal Opinion

Temple v. State

Court of Criminal Appeals of Oklahoma

Decided November 7, 1918No. 2997PublishedCited by 35 opinions

Appeal from District Court, Atoka County; J. H. Lineb'augh, Judge. C. A. Temple was convicted oí cattle theft, and he appeals. The plaintiff in error, Temple, and Ben Jordon were jointly informed against for the theft of two steers, the property of C. C. Stewart. A severance was granted and the state elected to first try the defendant Jordon. He was tried, convicted, and sentenced to the penitentiary for a term of ten years.

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Appeal from District Court, Atoka County; J. H. Lineb'augh, Judge. C. A. Temple was convicted oí cattle theft, and he appeals. The plaintiff in error, Temple, and Ben Jordon were jointly informed against for the theft of two steers, the property of C. C. Stewart. A severance was granted and the state elected to first try the defendant Jordon. He was tried, convicted, and sentenced to the penitentiary for a term of ten years. Upon the trial of the defendant Temple, generally known as Tom Temple, he was found guilty, but the jury failed to agree upon his punishment. On November 29, 1916, the…

1Opinion of the CourtDoyle, P. J.

(after stating the facts as above). The first question to be noticed in this case arises upon the rulings of the court in impaneling the jury. It appears that the defendant had been convicted of forgery by the verdict of a jury, returned the day before the trial of this case commenced, and these jurors were called as trial jurors in this case. On their voir dire each of these jurors was asked this question:

“Q. After you hear Sheriff Ray testify in this case, if he testifies to the same state of facts that he testified to in the other case, would that influence you one way or thé other ip…

2Cited by35 opinions

  1. State v. JacksonSupreme Court of New Jersey · 1964
  2. United States v. ChapmanCourt of Appeals for the Tenth Circuit · 1946
  3. Steve Casias v. United StatesCourt of Appeals for the Tenth Circuit · 1963
  4. State v. LeeSupreme Court of North Carolina · 1977
  5. Davis v. StateCourt of Criminal Appeals of Oklahoma · 1921

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