Starr v. State
Court of Criminal Appeals of Oklahoma
Appeal from, District Court, Latimer County; Malcolm E. Dosser, Judge. B. D. Starr was convicted of murder, and he appeals. On the 24th day of February, 1909, an information was filed in the district court of Latimer county charging, in substance, tha-t plaintiff in error, B. D. Starr, and C. E. Thames, did kill and murder one W. E. Cordell, and alleging that said defendants have had a preliminary examination.
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Appeal from, District Court, Latimer County; Malcolm E. Dosser, Judge. B. D. Starr was convicted of murder, and he appeals. On the 24th day of February, 1909, an information was filed in the district court of Latimer county charging, in substance, tha-t plaintiff in error, B. D. Starr, and C. E. Thames, did kill and murder one W. E. Cordell, and alleging that said defendants have had a preliminary examination. March 4, 1909, the defendants filed a general demurrer, which was overruled, and thereupon each of said defendants entered a plea of not guilty and requested a severance, which was…
1Opinion of the CourtDoyle, Judge
(after stating the facts as abeve). Ye will consider the various assignments of error in their order as presented by plaintiff in error’s brief.
The information was demurred to on several grounds: First. “For the reason that it does not state facts sufficient to constitute a crime against the defendants.”- It is urged that “it must be alleged in the information, not only where the deceased received the mortal wound, but also where death ensued, and that the information does not allege where said Cordell died”—citing the case of Ball v. U. S., 140 U. S. 113, 11 Sup. Ct. 761, 35 L. Ed. 377. It…
2Cases cited31 opinions
- Scott v. NeelySupreme Court of the United States · 1891
- Spies v. PeopleIllinois Supreme Court · 1887
- Ball v. United StatesSupreme Court of the United States · 1891
- State v. AdamsSupreme Court of Kansas · 1878
- Price v. StateCourt of Criminal Appeals of Oklahoma · 1908
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3Cited by77 opinions
- State v. FrisbeeCourt of Criminal Appeals of Oklahoma · 1912
- Attorney General Ex Rel. O'Hara v. MontgomeryMichigan Supreme Court · 1936
- Stouse v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Scribner v. StateCourt of Criminal Appeals of Oklahoma · 1913
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