Swaggart v. Territory
Supreme Court of Oklahoma
Error from the District Court of Canadian County; before John C. Tarsney, District Judge. STATEMENT of the case. On the 12th day of December, 1895, the grand jury of Canadian county presented Frank Swaggart, the defendant below, upon an indictment charging him with permitting a building to be used for the purpose of prostitution.
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Error from the District Court of Canadian County; before John C. Tarsney, District Judge. STATEMENT of the case. On the 12th day of December, 1895, the grand jury of Canadian county presented Frank Swaggart, the defendant below, upon an indictment charging him with permitting a building to be used for the purpose of prostitution. A demurrer to the indictment was overruled, and submitted to a jury, a demurrer to the evidence offered in behalf of the Territory overruled, and the jury instructed, retired and returned with a verdict of guilty. The court instructed the jury orally. Afterward the…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
The case is brought here upon assignment of error, (1) that the court erred in overruling the motion to quash the indictment, and (2) in overruling the objection of the defendant to the introduction of testimony, and (3) in giving oral instructions to the jury without the consent of the defendant, and (4) in giving subsequent oral instructions to the jury, after the jury had returned for their deliberation, and being called into open court without the consent of the defendant.
Upon the first assignment of error, no defect in the indictment is pointed out in…
2Cases cited5 opinions
- People v. SanfordCalifornia Supreme Court · 1872
- People v. PayneCalifornia Supreme Court · 1857
- People v. Ah FongCalifornia Supreme Court · 1859
- People v. DemintCalifornia Supreme Court · 1857
- People v. CharesCalifornia Supreme Court · 1864
3Cited by10 opinions
- Cleary v. StateCourt of Criminal Appeals of Oklahoma · 1997
- Rea v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Beberstein v. the Territory of OklahomaSupreme Court of Oklahoma · 1899
- Williams v. United StatesSupreme Court of Oklahoma · 1906
- Bennett v. StateCourt of Criminal Appeals of Oklahoma · 1929
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