The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-10-18
HOLDING OF CRIMINAL
COURT OF APPEALS
Courts Of Various States Have
Held Both Ways on
the Question

The criminal court of appeals met
In adjourned session this morning,
with Presiding Judge Henry NJ. Fur
man and Judges Doyle and owen SIT
ting. Aside from hearing exhaustive
oral arguments on the motion for a
new trial in the case of State OF OK
lahoma VS.. Cyrus Raspberry, in which
the court held that the provisions OF
the Oklahoma constitution empower
Ing members OF the bar 10 elect a
special Judge to try causes wherein
the regular presiding Judge is disquali-
fled, to be self executing, the court
rendered five decisions. three by Pre-
siding Judge Furman and one eacn
by Judges Doyle and Owen.
Omission Of the Article The
Judge Furman in affirming the dis
trict court OF Carter county imposing
five.year penitentiary sentence upon
w I. Cable. who was conyirted on
charge OF assault and battery with IN
teit 10 kill, handed down lengthy
opinion In which he holds that the
constitution does not clearly require
an information to begin with THE
state OF Oklahoma which Is IN oppo.
siiion TO the supreme court OF MIS-
souri, and other states which have re-
versed cases because the article the
before state was omitted from the
Information or indictment. This Is the
only errur complained of.
Judge Furman declares the omission
TO be merely a technical error and
says 1T is surplussage, pure and SIM
pie, and neither adds or takes from
the charge He also declares IT to be
an unnecessary part of the informa'
tion, stating that under the constl'
tuition and laws the state courts are
required to construe the laws liberal-
ly TO promote the purpose for which
they were enacted, In the furtherance
of justice.
He declares the view taken by the
eours Is not one for notoriety but one
of common sense, rather than a tech
nical construction He cites a great
array of authorities In support Of his
contention, including numerous Unit
cd states supreme court decisions he
admits. however, that the state cours
have differed widely on this question
but that 1T Is our duty to construe
the laws of Oklahoma regardless OF
other states Judge Furman says m
conclusion I'VE are determined to do
all in our power to place the law up
on the board and sure foundation ot
reason and justice. so that the limo
cent may find It to be refuge OF de-
Tense aud protection and the guify
may be convicted and taught that It
is an exceedingly serious thing to yio-
late the laws of the state, whether
they be itch and influential, or poor
and friendless. BY placing our sys-
tenn OF criminal Jurisprudence upon
the basis of reason, Justice becomes
The right OF the poor as well as the
rich"
Follows MnqIe Precedent
Adhering to the former ruling OF
the court in the habeas corpus case OF
Cecil Mlngle. Judge Furman denies
the writ of habeas corpus applied for
by r ank Hartey. who was transfer
red from Creek county Jail to the
state penitentary for failure to give
bond pending appeal OK his case TO
the supreme court Harkey was con
victed of murder and sentenced to life
imprisonment.
Judge Furman reyerses and re
mands to the district court of Greek
county the case of H. Z. Bridges VS.
United States upon the following ful
ing:
1T is error for the trial court "a
single out the defendant personally
and charge upon the credibility of bis
testimony The defendant was con
vicied in the United States Fedora
court at Ada ON the charge of larceny
Of a steer and sentenced TO two years
In the ponitentlary
Opinion BY Doyle
Judge 7. H. DOYLE Ia an opinion AT
firms the court of Ellis county II
sustaining the motion in arrest o
Judgment against A B. Harmon who
was found guilty on the charge o
practicng medicine without license
and fined SIS. Judge Doyle holdl
that the jury erred in returning theil
verdict. rs they fixed his penalty M
der a law which had been repealed
The law now In effect makes the min
imum fine $50.