Legal Opinion

Rasberry v. State

Court of Criminal Appeals of Oklahoma

Decided September 9, 1909No. A-115PublishedCited by 15 opinions

Appeal from District Court, Lincoln County; B. II. Gaylen, Judge, pro tern. Cyrus Kasberry was convicted of burglary, and he appeals.

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Appeal from District Court, Lincoln County; B. II. Gaylen, Judge, pro tern. Cyrus Kasberry was convicted of burglary, and he appeals. On the 11th day of February, 1908, the grand jury of Lincoln county returned into court an indictment for conjoint robbery against Cyrus Basberry and others (hereinafter called defendants), which indictment is as follows: “State of Oklahoma, County of Lincoln — ss.: “State of Oklahoma, Plaintiff, v. Cyrus Basberry, George Askins, and J. W. Lilly, Defendants. “In the District Court of Lincoln County, Tenth Judicial District, Feb. Term, A. D. 1908. “Indictment…

1Opinion of the Court

First. On the 3d day of February, 1908, a motion for a new trial and a motion in arrest of judgment were overruled by the court, the defendant was duly sentenced, and upon application of the defendant 90 days was granted him in which to make and serve a case-made. Afterwards, on the 28th day of May, 1908, the said judge pro tempore granted an extension to the defendant of 60 days in which to make and serve a case-made, in addition to the 90 days previously granted. The Attorney General moves the court to dismiss the appeal upon the ground that the judge pro tempore was without power to grant…

2Cases cited34 opinions

  1. Lynn v. StateCourt of Appeals of Texas · 1890
  2. In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
  3. Vickers v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
  4. Wright v. StateCourt of Criminal Appeals of Texas · 1897
  5. Whiteacre v. NicholsSupreme Court of Oklahoma · 1906

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

3Cited by15 opinions

  1. Neufield v. United StatesCourt of Appeals for the D.C. Circuit · 1941
  2. Zahn v. ObertSupreme Court of Oklahoma · 1916
  3. Dobbs v. StateCourt of Criminal Appeals of Oklahoma · 1911
  4. Dobbs v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. Ward v. StateCourt of Criminal Appeals of Oklahoma · 1926

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