State v. Rule
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Oklahoma Cou'nty; John J. Carney, Judge. J. M. Rule was acquitted of grand larceny and obtaining a warrant under false pretenses, and the State appeals on questions reserved. Questions answered in opinion. This case comes to this court under the third subdivision of section 5990, Rev. Raws, upon exceptions taken by the prosecuting attorney to certain rulings of the trial court," excluding evidence offered by the state.
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Appeal from District Court, Oklahoma Cou'nty; John J. Carney, Judge. J. M. Rule was acquitted of grand larceny and obtaining a warrant under false pretenses, and the State appeals on questions reserved. Questions answered in opinion. This case comes to this court under the third subdivision of section 5990, Rev. Raws, upon exceptions taken by the prosecuting attorney to certain rulings of the trial court," excluding evidence offered by the state. The facts of the case, as shown by the record, are as follows: On the 5th day of December, 1913, the county attorney of Oklahoma county filed an…
1Opinion
"It is contended that the lower court erred in admitting the records from the ticket office showing daily sales at the city of Ottumwa during the year 1893. This claim presents the question of most doubt in the case. It must be conceded that these records are not books of account such as the statute contemplates. They are, in a sense, expert statements made and caused to be made by the witness who identified them, and are what might properly be termed `memoranda' made by the witnesses at the time of the transaction. Are these memoranda admissible in evidence, or can they be used by the…
2Cases cited10 opinions
- Donovan v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1893
- Guy v. . MeadNew York Court of Appeals · 1860
- Curtis v. BradleySupreme Court of Connecticut · 1894
- Adae & Co. v. ZangsSupreme Court of Iowa · 1875
- Owens v. StateCourt of Appeals of Maryland · 1887
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