Martin v. Territory of Oklahoma
Supreme Court of Oklahoma
Appeal from the District Court of Logan County. In March, 1895, the defendant was indicted by the grand jury of Logan county, the indictment being in three counts, the first two charging grand larceny and the third charging an obtaining of the property under false pretenses.
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Appeal from the District Court of Logan County. In March, 1895, the defendant was indicted by the grand jury of Logan county, the indictment being in three counts, the first two charging grand larceny and the third charging an obtaining of the property under false pretenses. On the trial of the cause the jury, on March 15, 1895, returned a verdict of guilty of grand larceny against the defendant, and judgment was rendered upon the verdict sentencing the defendant to imprisonment in the penitentiary for four years. From this judgment the defendant appeals.
1Opinion of the Court
T.he opinion of the court was delivered by
BiERER, J.:
The defendant relies upon two assignments of error for a reversal of the judgment of the district court.
I. That the court erred in overruling defendant’s demurrer to the indictment.
2. That the court erred in instructing the jury that there was not a fatal variance between the indictment and the proof on the question of the ownership of the property stolen.
The demurrer interposed to the indictment was upon two grounds.
1. That the indictment charges ■ more than one offense.
2. That the indictment does not state facts sufficient to constitute a…
2Cases cited1 opinion
- Devore v. Territory of OklahomaSupreme Court of Oklahoma · 1894
3Cited by10 opinions
- Shires v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Gunter v. StateCourt of Criminal Appeals of Oklahoma · 1919
- Bivens v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Flohr v. Territory of OklahomaSupreme Court of Oklahoma · 1904
- Jackson v. StateCourt of Criminal Appeals of Oklahoma · 1948
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