State v. Harrington

BRETT, Judge.

This is an attempted appeal under the provisions of 22 O.S.1951 § 1053, brought by the State of Oklahoma by means of transcript. To the attempted appeal, the defendant in error has filed' his motion to dismiss on the ground that the question sought to be raised presents mixed questions of law and of fact, and could not be determined without a consideration of the evidence.

It has been repeatedly held that the State of Oklahoma may appeal on certain grounds, among which is on a question reserved by the State. This provision of the statute has been approved by the authority of Smith…