De Graff v. State
Court of Criminal Appeals of Oklahoma
Appeal from Pottawatomie Gouniy Court; E‘. D. lleasor, Judge. 1. J. De Graif was. convicted for violation of -the liquor law, and ho appeals. On the ?th day of October, 1908, an information was filed in the county court, of Pottawatomie county, Olda., against T. J. De Graff, -hereinafter called “defendant,” which information is as follows: “Information.
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Appeal from Pottawatomie Gouniy Court; E‘. D. lleasor, Judge. 1. J. De Graif was. convicted for violation of -the liquor law, and ho appeals. On the ?th day of October, 1908, an information was filed in the county court, of Pottawatomie county, Olda., against T. J. De Graff, -hereinafter called “defendant,” which information is as follows: “Information. In the County Court in and for Pottawatomie County, State of Oklahoma, Before E. D. Reasor, County Judge-State of Oklahoma, Plaintiff, v. I. J. De Graff, Defendant. Information. Comes now V. R. Biggers, the duly qualified and acting county…
1Opinion of the Court
FURMAN, Presiding Judge,
(after stating the facts as above). First. The defendant contends that the information in this case is insufficient because it is not verified as directed by law.
Section -5306, Wilson’s Rev. & Ann. St. 1903, contains the following :
“All informations shall be verified by the oath of the prose-exiting attorney, complainant or some other person: Provided, that when an information in any case is verified by the county attorney, it shall be sufficient if the verification be based upon information and belief.”
If this ivas all that our statute and Constitution contained upon…
2Cases cited35 opinions
- Ex Parte BurfordSupreme Court of the United States · 1806
- Sturgis v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Intoxicating-Liquor CasesSupreme Court of Kansas · 1881
- Saunders v. PeopleMichigan Supreme Court · 1878
- Evans v. Willis, County JudgeSupreme Court of Oklahoma · 1908
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3Cited by109 opinions
- Lewis v. TrippCourt of Appeals for the Tenth Circuit · 2010
- Brown v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Weeks v. United StatesCourt of Appeals for the Second Circuit · 1914
- Burtch v. ZeuchSupreme Court of Iowa · 1925
- Penn v. StateCourt of Criminal Appeals of Oklahoma · 1917
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