Keith v. Territory of Oklahoma
Supreme Court of Oklahoma
Error from the Distinct Court of Logcm County; before Jno. E. Burford, District Judge. Joe M. Keith was convicted of theft, and brings error. An indictment was returajed charging the defendant Joe M. Keith, with the theft of a watch and certain money, the property of Hildebrand.
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Error from the Distinct Court of Logcm County; before Jno. E. Burford, District Judge. Joe M. Keith was convicted of theft, and brings error. An indictment was returajed charging the defendant Joe M. Keith, with the theft of a watch and certain money, the property of Hildebrand. The appellant filed his motion to quash the indictment for the reasons that (1) it was not found, presented, and filed by the grand jury as required1 by law, and (2) that it was entirely based upon hearsay testimony, to the exclusion of legal or Competent testimony.
1Opinion of the Court
Opinion of the court by
McAtee, J.:
It was in the first place contended that since -the grand jury can receive none but legal evidence, and the best evidence in degree, to the exclusion of hearsay and secondary evidence (section 5050, Statutes of 1893,) and since the Statutes of 1893 have been amended by the Session Laws of 1895 (ch. 41, sec. 19,) which provides: “That section 5110 be amended to read as follows: ■ 'Section 5110. The indictment must be set aside by the court, in which the defendant is arraigned, and upon his motion in either of the following cases: First, when it is not found,…
2Cases cited4 opinions
- Lawson v. StateSupreme Court of Alabama · 1852
- Haskins v. . the PeopleNew York Court of Appeals · 1857
- Commonwealth v. DewittMassachusetts Supreme Judicial Court · 1813
- Wise v. StateSupreme Court of Kansas · 1864
3Cited by7 opinions
- Cox v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Potter v. WhittenMissouri Court of Appeals · 1911
- Howard v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Dodge v. KnappMissouri Court of Appeals · 1905
- McCord v. StateCourt of Criminal Appeals of Oklahoma · 1909
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