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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?

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