McDaniel v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Pushmataha County; Malcolm B. Rosser, Judge. Andrew McDaniel and another were convicted of murder, and appeal.
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Appeal from District Court, Pushmataha County; Malcolm B. Rosser, Judge. Andrew McDaniel and another were convicted of murder, and appeal. The information in this case was as follows: “In the name and by the authority of the state of Oklahoma, now comes A. J. Arnote, the duly qualified and acting county attorney in and for Pushmataha county, state of Oklahoma, and gives the district court of Pushmataha county, state of Oklahoma, to know and be informed that Andrew McDaniel and Joe McDaniel did in Pushmataha county, and in the state of Oklahoma, on or about the 16th day of November in the year…
1Opinion of the CourtFurman, P. J.
(after stating the facts as above). First. After the jury had been impaneled and when the first witness was placed upon the stand by the state, the appellant Joe McDaniel'offered the following objection to the admission of any testimony against him:
“(1) Because the information presented by the "state herein is insufficient in law upon which to base a prosecution. (2) Because said information is void ab initio, is contrary to the Constitution of the state of Oklahoma, is contrary to the Con stitution of the United States of America, and is contrary to the statutes in such cases made and…
2Cases cited7 opinions
- In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
- Slater v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- White v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Caples v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Canard v. StateCourt of Criminal Appeals of Oklahoma · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- State v. OwenIdaho Supreme Court · 1953
- Young v. StateCourt of Criminal Appeals of Oklahoma · 1962
- Adams v. StateCourt of Criminal Appeals of Oklahoma · 1937
- State v. StewartNew Mexico Supreme Court · 1929
- State v. CrawfordUtah Supreme Court · 1922
40 more not listed; retrieve them via the Exa API.