Case law

Ex Parte Neighbors

85 Okla. Crim. 183 · Court of Criminal Appeals of Oklahoma · Nov 19, 1947

But this doctrine is a qualified one, or rather the order of the judge is qualified by the law and such rules and regulations of the prisons as may have been lawfully adopted. … The statutes clearly classify him as a subject for confinement in the penitentiary.

Winfield v. State

18 Okla. Crim. 257 · Court of Criminal Appeals of Oklahoma · Aug 16, 1920

establishes all the essential element® of robbery in the first degree, as defined in the Penal Code. .It is also contended that the trial court erred in admitting the evidence of P. … Cr. 291, 97 Pac. 1056 . (2) As to that feature of the assignment which relates to the question of whether the witness was to receive any immunity from prosecution, *266 either in a criminal cause pending against her in Choctaw

Dotson v. State

739 P.2d 538 · Court of Criminal Appeals of Oklahoma · Jul 7, 1987

The offense of second degree burglary was overwhelmingly established, and there was no evidence to support an instruction on a lesser included offense. This assignment of error lacks merit. … Clearly, the hammer had probative value, and the trial court did not abuse its discretion in admitting it for the jury to consider whether in fact the hammer was used to break the windows. Haury v.

Fitzgerald v. State

75 Okla. Crim. 192 · Court of Criminal Appeals of Oklahoma · Sep 30, 1942

Counsel for defendant: Not the proper way to establish/ the general reputation. By the Court: I think that would be the best way to> establish a reputation. Overruled. Exception. A. Yes. Q. A number of times? … It follows that the witnesses for the state did not properly qualify as knowing the general reputation of defendant’s place of residence. In the case of Williams v. State, 25 Okla.

State v. Humphrey

620 P.2d 408 · Court of Criminal Appeals of Oklahoma · Oct 23, 1980

But Bowen is clearly distinguishable from the present case. In that case the defendant was asked by a police officer to accompany him outside a convenience store. … This argument is untenable in the context of 21 O.S.1971, § 1283, which qualifies and limits the scope of the term “carry” with the phrases “on his person” and “in any vehicle.”

Ex Parte Washington

92 Okla. Crim. 337 · Court of Criminal Appeals of Oklahoma · Oct 18, 1950

presented whether, when the prosecution has established the commission of the offense by the accused, it was also its duty to establish by evidence, beyond a reasonable doubt, its right to have the accused punished for such … Cr. 193 , 11 P. 2d 205 , it is stated: “The constitutional immunity against twice being put in jeopardy for the same offense may be waived by an accused.

Boone v. State

15 Okla. Crim. 29 · Court of Criminal Appeals of Oklahoma · Apr 29, 1918

We believe that the state clearly established the guilt of the defendant, and that the judgment is supported by an abundance of evidence. … In this connection it is contended that there is no evidence which tends to establish any guilty intent on the part of the defendant.

Wells v. State

61 O.B.A.J. 2911 · Court of Criminal Appeals of Oklahoma · Oct 18, 1990

We find that the facts of the present action are clearly distinguishable from Huddleston and Little . … Accordingly, we find that they do not qualify under the common scheme or plan exception to the general rule of inadmissibility.

STATE v. BRADLEY STATE v. BRODIE

434 P.3d 5 · Court of Criminal Appeals of Oklahoma · Nov 15, 2018

The magistrate must consider the proof established by the State in light of the statutory elements of the given offense. … If the elements of the crime are not proven, then the fact of the commission of a crime cannot be said to have been established.

Roquemore v. State

513 P.2d 1318 · Court of Criminal Appeals of Oklahoma · Aug 27, 1973

And, when it clearly appears that the questions asked create prejudice in the minds of the jury, the limits of proper cross-examination have been exceeded. See: Davis v. … In the instant case, Oscar Fortune, Jr. was being granted immunity in exchange for his serving as an informer.

Koontz v. State

10 Okla. Crim. 553 · Court of Criminal Appeals of Oklahoma · Apr 7, 1914

If he would not be qualified as a juror because of actual or implied bias, as defined by sections 5858 and 5859 (Rev. … proof of one tends to establish the other, or to connect the defendant with the .commission of the crime charged.

Callaway v. City of Edmond

791 P.2d 104 · Court of Criminal Appeals of Oklahoma · Apr 24, 1990

Clearly, the association in the “Tiger Den” in the present case would be classified as a social association because the patrons were not involved in an activity that qualifies as a form of intimate association or expressive … Clearly, an attempt to inhibit gambling is a proper public purpose. In Shorez v.

Harris v. State

15 Okla. Crim. 369 · Court of Criminal Appeals of Oklahoma · Jan 11, 1919

Nelson, the duly qualified and acting county attorney, in and for McCurtain county, state of Oklahoma, and gives the district court of McCurtain county, state of Oklahoma, to know and be informed that Sam Harris did in McCurtain … It is the opinion of this court that the evidence, both on behalf of the state and that of the defendant, if it established the guilt of the defendant of any crime, showed that the crime committed was assault and battery,

Weber v. State

2 Okla. Crim. 329 · Court of Criminal Appeals of Oklahoma · May 1, 1909

We believe that this instruction is clearly erroneous and prejudicial to the rights of the defendant, even though instructions 2, 3, 4, and 5 correctly state the law. … The aforesaid instruction No. 6 is calculated to *332 convey to the minds of the jury an erroneous impression, in that it may be construed as varying the rule of law, and to qualify its meaning and scope and the manifest

Luther v. State

18 Okla. Crim. 664 · Court of Criminal Appeals of Oklahoma · Dec 4, 1920

It is not questioned, however, but that the information was signed by the Attorney General of this state, and by one of his duly qualified and acting Assistant Attorneys General. … The evidence in this case on the part of the state clearly establishes that the unlawful games of poker and craps were played at for money on premises leased by defendant, and in a room of a building erected by him.

In Re Ambler

11 Okla. Crim. 449 · Court of Criminal Appeals of Oklahoma · Sep 26, 1914

The similarity of the title to our medical practices act may clearly be seen by comparison. In State v. Boardnax (Mo.) 128 S. … This is clearly apparent to an unbiased mind.

State v. Berry

61 O.B.A.J. 2909 · Court of Criminal Appeals of Oklahoma · Oct 22, 1990

The officer who administered the breathalyzer test at 6:30 that same day, testified that the results were sufficient, .10, to qualify Appel-lee as intoxicated under legal standards. … We have undertaken the review required of us by § 1089.6 and cannot say that the decisions of the two courts below were clearly erroneous.

Turner v. State

477 P.2d 76 · Court of Criminal Appeals of Oklahoma · Nov 10, 1970

The testimony of the State’s witnesses, established the following to be in substance what occurred: Pauline Hickman testified that on the night of December 3, 1966, she closed a bar where she was a waitress, known as Pete … Rogers reiterated the same testimony as his wife gave and further stated that he clearly recognized the victim as being John Elder.

Burnett v. State

8 Okla. Crim. 639 · Court of Criminal Appeals of Oklahoma · Feb 15, 1913

This was clearly implied in the Boyd case, where the fact that the papers involved were the private papers of the claimant was constantly emphasized. … Among his rights are a refusal to incriminate himself, and the immunity of himself *662 and his property from arrest and seizure, except under a warrant of the law.

Carter v. State

376 P.2d 351 · Court of Criminal Appeals of Oklahoma · Nov 14, 1962

Dickinson was not qualified to testify to the conclusions sought to be established. Counsel for defendant stated that the plea was not insanity but one of behavioral condition. … Relevancy is the tendency of evidence to establish a proposition which it is offered to prove.”