Ex Parte Buchanen
Court of Criminal Appeals of Oklahoma
Application by Frank Buchanen for writ of habeas corpus. The relator, Frank Buchanen, is charged with having killed, on the 8th day of October, 1907, near Braden, Le Flore county, Okla., then Indian Territory, one Wayne Noblin, in such a manner as to constitute manslaughter, by indictment returned on the 12th day of December, 1908, at the December term of the district court for the Fifth judicial district of the state, held in Le Flore county.
Read the full summary
Application by Frank Buchanen for writ of habeas corpus. The relator, Frank Buchanen, is charged with having killed, on the 8th day of October, 1907, near Braden, Le Flore county, Okla., then Indian Territory, one Wayne Noblin, in such a manner as to constitute manslaughter, by indictment returned on the 12th day of December, 1908, at the December term of the district court for the Fifth judicial district of the state, held in Le Flore county. It is further stipulated of record that on November 19, 1907, an information was filed by the county attorney of Le Flore county with the county judge…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). We have decided at this term of the court in the case of Ex parte Bailey, reported in this volume, 94 Pac. 442, that an indictment for the crime of murder — an offense committed under the territory of Oklahoma — returned after the admission of the state into the Union, where no prosecution whatever had been begun before such date of admission, is cognizable in the district court of the state in the county in which the offense was committed. The question is now presented whether or not a prosecution for the offense of manslaughter committed in that part of…
2Cases cited10 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- United States v. PridgeonSupreme Court of the United States · 1894
- Benner v. PorterSupreme Court of the United States · 1850
- In Re JohnsonSupreme Court of the United States · 1897
- Virginia v. PaulSupreme Court of the United States · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ex Parte HowlandCourt of Criminal Appeals of Oklahoma · 1909
- In re Jessie's HeirsDistrict Court, E.D. Oklahoma · 1919
- Guthrie v. Mitchell Et Vir.Supreme Court of Oklahoma · 1913
- Baker v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Ex Parte CurleeCourt of Criminal Appeals of Oklahoma · 1908
2 more not listed; retrieve them via the Exa API.