Haikey v. State
Court of Criminal Appeals of Oklahoma
Error from District Court, Creeh County; John Caruthers, Judge. Frank Haikey was convicted of murder, and he brings error. The plaintiff in error was indicted on the 13th day of February, 1907, in the United States Court for the Western District of the 'Indian Territory, sitting at Tulsa, charged with the crime of murder.
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Error from District Court, Creeh County; John Caruthers, Judge. Frank Haikey was convicted of murder, and he brings error. The plaintiff in error was indicted on the 13th day of February, 1907, in the United States Court for the Western District of the 'Indian Territory, sitting at Tulsa, charged with the crime of murder. On the 18th day of September, 1907, the defendant filed with the clerk of said court an affidavit for change of venue, and thereupon on the same day the petition was granted, and the cause 'transferred to the United States Court for the Western District of Indian Territory,…
1Opinion of the CourtOwen, Judge
(after stating the facts as above). The only question presented to this court, and the only reason urged for reversing the case, is that the clerk of the United States Court for the Western District of the Indian Territory failed to affix his seal to his certificate of the transcript of the proceedings had in the court at Tulsa. Counsel urge that because of the failure of the clerk to attach his official seal, the court at Sapulpa did not acquire jurisdiction of the ease. In support of their contention counsel rely on the case of Hudley v. State, 36 Ark. 237. In that ease the defendant was…
2Cases cited6 opinions
- Ex Parte HowlandCourt of Criminal Appeals of Oklahoma · 1909
- Ex Parte CurleeSupreme Court of Oklahoma · 1908
- Faggard v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Ex Parte BuchanenCourt of Criminal Appeals of Oklahoma · 1908
- Hudley v. StateSupreme Court of Arkansas · 1880
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