Ex Parte Sparks
Court of Criminal Appeals of Oklahoma
Original proceedings by J. 0. Sparks for a writ of habeas corpus. This case is correctly stated in the brief of counsel for petitioner as follows : “The petitioner, J. 0. Sparks, was convicted of tbe crime of murder on the - day of January, 1913, at an adjourned term of the district court of Choctaw county, Okla.
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Original proceedings by J. 0. Sparks for a writ of habeas corpus. This case is correctly stated in the brief of counsel for petitioner as follows : “The petitioner, J. 0. Sparks, was convicted of tbe crime of murder on the - day of January, 1913, at an adjourned term of the district court of Choctaw county, Okla. That immediately after his conviction, and before judgment and sentence were passed upon him, the case was continued by order of the court to February 3, 1913, at which time the defendant might file his motion for a new. trial, and at which time the defendant would receive such…
1Opinion of the CourtFurman, J.
(after stating the facts as above). In their brief counsel for petitioner say:
“It is our contention that by the terms of this statute that the court is without authority to continue a case to a subsequent term for sentence, and that sections of the statute make it mandatory on the court to sentence defendant at the term of court at which the verdict is rendered.”
•Sections 5942, 5943, and 5953, Bev. Laws 1910, are as follows :
“Sec. 5942. Court Appoints Time for Judgment. After a plea or verdict of guilty, or after a verdict against the defendant on a plea of a former conviction or acquittal,…
2Cases cited6 opinions
- Risser v. HoytMichigan Supreme Court · 1884
- People v. ReillyMichigan Supreme Court · 1884
- State v. WatsonSupreme Court of Missouri · 1888
- Thurman v. StateSupreme Court of Arkansas · 1891
- People v. FelixCalifornia Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Collins v. StateCourt of Criminal Appeals of Oklahoma · 1923
- State v. HeastonMontana Supreme Court · 1939
- Beaubein v. StateCourt of Criminal Appeals of Oklahoma · 1917
- Stuckey v. StateCourt of Criminal Appeals of Oklahoma · 1930
- Harvey v. StateCourt of Criminal Appeals of Oklahoma · 1941
2 more not listed; retrieve them via the Exa API.