Legal Opinion

Johnson v. Territory of Oklahoma

Supreme Court of Oklahoma

Decided July 30, 1897PublishedCited by 5 opinions

Error from the District Court of Canadian County. Prosecution for burglary, in which the defendant was convicted and sentenced to imprisonment for three years; from which judgment he appeals.

1Opinion of the Court

The opinion of the court was delivered by

BiERER, J.:

On the 4th day of December, 1895, an indictment against the defendant for burglary was returned by the grand jury to the district court of Canadian county. On being arraigned, the defendant filed a plea in abatement to this indictment, which plea seems to have been treated by the court as a motion to set aside the indictment, on the ground that the defendant had twice before been indicted charged with the same offense, and that the court, upon sustaining demurrers to these former indictments, had not ordered the case re-sub" mitted to the…

2Cases cited7 opinions

  1. Ingalls v. StateWisconsin Supreme Court · 1880
  2. State v. WaltersWashington Supreme Court · 1893
  3. Graves v. StateWisconsin Supreme Court · 1860
  4. State v. HumasonWashington Supreme Court · 1893
  5. Smith v. StateIndiana Supreme Court · 1877

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Davenport v. StateCourt of Criminal Appeals of Oklahoma · 1921
  2. State v. VaughnCourt of Criminal Appeals of Oklahoma · 1918
  3. Taylor v. Territory of ArizonaArizona Supreme Court · 1901
  4. Douthitt v. Territory of OklahomaSupreme Court of Oklahoma · 1898
  5. Ex Parte CovellCourt of Criminal Appeals of Oklahoma · 1937

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