[Download] "State v. Smith" by Court of Criminal Appeals of Oklahoma " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Smith
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 15, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
1 This is an appeal on a reserved question of law by the State of Oklahoma to a ruling of the Honorable A.L. Commons, specially assigned District Judge, sustaining the defendants motion to quash the indictment returned by a grand jury of the defendant, Tom Smith. The motion to quash was sustained on the proposition that Mr. E.L. Murrell, who qualified for grand jury service, was in fact a deputy sheriff of Seminole County on Sheriff Bill Nicholsons staff, and therefore not eligible under the law to serve. 38 O.S. 1951 ? 28 [38-28]. Simply stated, the question presented to us is was Mr. Murrell a deputy sheriff and was the indictment therefore subject to being quashed and did the trial court err in so holding?