Higgins v. Brown, Judge
Court of Criminal Appeals of Oklahoma
Application of Elmer Higgins for a writ of mandamus to T. L. Brown, judge of the Second Judicial Circuit, and H. Stephens, sheriff. On the i8th day of December, 1907, the relator instituted this action in this court, alleging that he was in the custody of the United States marshal for the Eastern District of Oklahoma.
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Application of Elmer Higgins for a writ of mandamus to T. L. Brown, judge of the Second Judicial Circuit, and H. Stephens, sheriff. On the i8th day of December, 1907, the relator instituted this action in this court, alleging that he was in the custody of the United States marshal for the Eastern District of Oklahoma. That therefore, to wit, on the 9th.day of May, 1906, he was indicted in the United States court for the Northern District of the Indian Territory, at Claremore, charged therein with having, on the 10th day of April, 1906, killed one John Hancock in such a manner as to constitute…
1Opinion of the CourtWilliams, C. J.
(after stating the facts above). The question is raised as to whether or not Congress, with the concurrence of the state, could provide that the state courts, as successors to the territorial courts, should have jurisdiction to proceed with the final determination or render final judgments in criminal cases, not of a federal character, pending and not finally disposed of, in the district courts of the territory of Oklahoma or in the United States courts in the Indian Territory.
The following states were admitted into the Union without any express provision in the' respective enabling acts or…
2Cases cited94 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Ogden v. SaundersSupreme Court of the United States · 1827
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Shively v. BowlbySupreme Court of the United States · 1894
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3Cited by13 opinions
- McGirt v. OklahomaSupreme Court of the United States · 2020
- Coyle v. SmithSupreme Court of Oklahoma · 1911
- Adams v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Ex Parte NowabbiCourt of Criminal Appeals of Oklahoma · 1936
- Meyer, State Auditor v. CliftSupreme Court of Oklahoma · 1912
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