Legal Opinion

Spencer v. State

Court of Criminal Appeals of Oklahoma

Decided February 6, 1911No. A-372PublishedCited by 34 opinions

Appeal from District Court, Atoha County; A. T. West, Judge. Tom Spencer was convicted of burglary in the second degree, and his punishment was assessed at two years’ confinement in the state penitentiary, and he appealed.

1Opinion of the Court

FURMAN, PRESIDING Judge.

First, Appellant complains that he was forced to trial by the court without arraignment and that he was not permitted to plead to the indictment. The record discloses the fact that the defendant was first indicted for this offense on the 23d day of November, 1908, and that said indictment upon motion of the defendant was set aside on the 12th day of April, 1909, and that the defendant was held to await the action of the grand jury. On the 17th day of April, 1909, the grand jury returned into open court the indictment upon which the defendant was convicted. The…

2Cases cited12 opinions

  1. State v. ReidSupreme Court of Iowa · 1866
  2. Wood v. StateCourt of Criminal Appeals of Oklahoma · 1910
  3. State v. . JaynesSupreme Court of North Carolina · 1878
  4. Johnson v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. Petitti v. StateCourt of Criminal Appeals of Oklahoma · 1909

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

3Cited by34 opinions

  1. Martin v. StateCourt of Criminal Appeals of Oklahoma · 1950
  2. Keith v. StateCourt of Criminal Appeals of Oklahoma · 1912
  3. Ryan v. StateCourt of Criminal Appeals of Oklahoma · 1913
  4. Inklebarger v. StateCourt of Criminal Appeals of Oklahoma · 1912
  5. Adams v. StateCourt of Criminal Appeals of Oklahoma · 1937

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

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