Legal Opinion

Ellis v. State

Court of Criminal Appeals of Oklahoma

Decided October 22, 1927No. A-5938PublishedCited by 4 opinions

1Opinion of the CourtDoyle, P. J.

(after stating the facts as above). The overruling of the demurrer to the information is assigned as error.

Under the provisions of our Code (sections 2556 and 2564, C. S. 1921), the true test of the sufficiency of an information is not whether it might possibly have been made more certain, but whether it contains every element of the offense intended to be charged, and sufficiently apprises the defendant of what he must be prepared to meet.

In Bivens v. State, 6 Okla. Cr. 521, 120 P. 1033, it is held:

“Where, in an indictment for larceny, the property is charged to have been taken by fraud, it…

2Cases cited2 opinions

  1. Bivens v. StateCourt of Criminal Appeals of Oklahoma · 1912
  2. Monagham v. StateCourt of Criminal Appeals of Oklahoma · 1913

3Cited by4 opinions

  1. Marks v. StateCourt of Criminal Appeals of Oklahoma · 1940
  2. Barfield v. StateCourt of Criminal Appeals of Oklahoma · 1941
  3. Hayes v. StateCourt of Criminal Appeals of Oklahoma · 1937
  4. McClendon v. StateCourt of Criminal Appeals of Oklahoma · 1957

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