Philips v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Jefferson County; Frank M. Bailey, Judge. Grover Philips was convicted of rape, and appeals. This is an attempted appeal from a judgment rendered in the district court of Jefferson county, on the 9th day of December, 1911, upon a verdict wherein appellant was convicted of the crime of rape; and Ins punishment was assessed at five years’ confinement in the penitentiary.
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Appeal from District Court, Jefferson County; Frank M. Bailey, Judge. Grover Philips was convicted of rape, and appeals. This is an attempted appeal from a judgment rendered in the district court of Jefferson county, on the 9th day of December, 1911, upon a verdict wherein appellant was convicted of the crime of rape; and Ins punishment was assessed at five years’ confinement in the penitentiary. It was provided in the judgment that appellant should have 00 days in which to prepare and serve a case-made, and thereafter on February 5, 1912, the court made an order extending the time within…
1Opinion of the CourtFurman, J.
(after stating the facts as above). Counsel for appellant has filed a brief in this cause in which he attacks-the finding of the trial court as to the date on which the case-made was served on the county attorney.
First. The first contention is that appellant was not present ■ when the investigation, upon which this finding was based, was held, although the appellant was represented by counsel. Counsel assumes the position that, as testimony was heard affecting a substantial right of appellant, his presence was absolutely necessary in such hearing. In support of this position he cites section…
2Cases cited16 opinions
- Starr v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Saunders v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Henry v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Dobbs v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Dobbs v. StateCourt of Criminal Appeals of Oklahoma · 1911
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hogan v. StateCourt of Criminal Appeals of Oklahoma · 1929
- Wilson v. StateCourt of Criminal Appeals of Oklahoma · 1949
- Spencer v. StateCourt of Criminal Appeals of Oklahoma · 1930
- State v. TrujilloNew Mexico Supreme Court · 1924