The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-11-28
HIGH COURT
REVERSES
DECISION

The court OF criminal appeals met
this afternoon to hear arguments on
q number of cases ana incidentally
handed down three opinions, one by
Judge Doyle and two BY Presiding
Judge Firrman.
In the case Of Garnsey vs.. state,
appealed from Beaver county, Judge
Ioyle wrote the opinion, The dc.
fendant below was arrested for rape,
SIX months before statehood. IN what
was then Indian Territory, While he
was awaiting Indictment the state
was admittei and no grand jury was
called so h0 was proceeded against
on an information by the county AZ.
torney, The fifth amendment 60 lac
constitution or the United States pro
vdes that no person shall be held
to answer for capital or otherwise
infamous crime unless on present.
ment OF indictment OF grand jury"
and the court held that as rape Was
a crime punishable BY a term OF
years In the penitentlary II was an In
famous crime under the meaning "a
the amendment and that no party
could be tried on Information Tor sucA
crime, II committed before statehood
Court FleverGes ltaeif
The court reycrses itself In the
ease Of W. A. buchanan VS., State, an
appeal from Carter. Judge Eurman ad-
hitting In the opinion that the court
had become convinced that a previous
decision OF the court In the case OF
Reed VS.. State, . Oklahoma Criminal
Reports, page II, was not tae cor
rect doctrine W. A. Buchanan, a
notary public of Durwood, Carter
county, was arrested for violation Of
ire liquor laws. The evidence show
I'd that one OF the witnesses had tes.
tiled that he nslScl buchanan II he
knew where he could get sim some
whlskey. Buchanan thought he did.
and the man gave him 80 cents. Lat
or on another man came and handed
Tim half pint of whiskey, BuchaA
an having nothing further to do with
the transaction. The defendant be-
low claimed that he was simply act
Ing rs the agent OF the buyer and
aad no pecuriary interest In the
sale. Under the Reed case that
would have been good defense, but
the court held that the Reed case was
The incorrect theary and that when
the statutes said "all persons con.
cerned In the commission OF crime,
Whether II be felony or mlsde.
meanor, and whether they directiy
commit the act constituting the Of
Tense, or aid and abet in the commits
sion. are principals found in Sec.
20i5 OF Snyder's 1903 Oklahoma
statutes, that they had covered t5is
proposition and that any person tak
ing any part In the transaction was
guilty.
AS TO the agency proposition. the
court says. the law Of agency as APP
piled IN civil cases has no application
ir criminal cases. ana no man can es.
cape punishment when he participates
in the commission OF a crime upon
the ground that nc simply acted as
TIE agent for any party"
Only two states In the Union, Mis-
slsslppi and Alabama are In concord
with the decision, every other state
that has passed on the matter hold.
Ing t,at where the party Is simply
the agent be ls not guilty. but ade
tourt feels thet that theory gives the
criminal too good chance to escape
punishment, and that no man who
aids or abets In violation OF the liz.
nor laws has any right to escape
The other case handed down by
Judge f'urman, that Of Lee Lum vs.,
State. follows the buchanan case. al.
though the facts are slightly different,