Ex Parte Dodson
Court of Criminal Appeals of Oklahoma
Application of Wallace Dodson and others for a writ of habeas corpus. The petitioners, Wallace Dodson, Henry Parris, and Fred Walker, on December 7, 1909, filed in this court their separate petitions, each duly verified, wherein each avers that he is unlawfully restrained of his liberty by one James S. Sanders, sheriff of Cherokee county, at and in the common jail of said county.
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Application of Wallace Dodson and others for a writ of habeas corpus. The petitioners, Wallace Dodson, Henry Parris, and Fred Walker, on December 7, 1909, filed in this court their separate petitions, each duly verified, wherein each avers that he is unlawfully restrained of his liberty by one James S. Sanders, sheriff of Cherokee county, at and in the common jail of said county. And for the reasons stated in said petitions, each petitioner prays that a writ of habeas corpus be 'allowed, and that he be discharged from such unlawful imprisonment. On said date there was also filed an agreed…
1Opinion of the CourtDoyle, Judge
(after stating the facts as above). The proposition presented by this proceeding involves a singular question of practice where misdemeanors are prosecuted by indictment.
The criminal procedure act, as adopted from Oklahoma Territory, provides:
Section 6750, Snyder’s St.:
“Upon considering the demurrer, the court must give judgment either sustaining or overruling it, and an order to that effect must be entered upon the minutes.”
Section 6751, Snyder’s 'St.:
“If the demurrer is sustained, the judgment is final upon the indictment demurred to, and is a bar to another prosecution for the same…
2Cases cited1 opinion
- Rea v. StateCourt of Criminal Appeals of Oklahoma · 1909
3Cited by11 opinions
- Davenport v. StateCourt of Criminal Appeals of Oklahoma · 1921
- State v. StoutCourt of Criminal Appeals of Oklahoma · 1949
- State v. VaughnCourt of Criminal Appeals of Oklahoma · 1918
- Ray v. StevensonCourt of Criminal Appeals of Oklahoma · 1941
- Green v. StateCourt of Criminal Appeals of Oklahoma · 1926
6 more not listed; retrieve them via the Exa API.