Ex Parte Jack Wheeler

1912 OK CR 218, 124 P. 764, 7 Okla. Crim. 562, 1912 Okla. Crim. App. LEXIS 215
CourtCourt of Criminal Appeals of Oklahoma
DecidedJuly 13, 1912
DocketNo. A-1785.
StatusPublished
Cited by5 cases

This text of 1912 OK CR 218 (Ex Parte Jack Wheeler) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ex Parte Jack Wheeler, 1912 OK CR 218, 124 P. 764, 7 Okla. Crim. 562, 1912 Okla. Crim. App. LEXIS 215 (Okla. Ct. App. 1912).

Opinion

FURMAN, P. J.

The petitioner, Jack Wheeler, is confined in the jail of Oklahoma county to await final trial in the district court upon the charge of having obtained professional services of the value of $100 from Dr. R. S. McCabe by means of certain alleged false representations.

The Attorney General suggests to the qourt that there is no statute under which this prosecution can be maintained. In this opinion we concur. The criminal laws of Oklahoma cannot be used for the collection of debts created for any kind of professional or personal service.

It is therefore ordered that the petitioner be discharged from custody, and that the prosecution against him be dismissed.

ARMSTRONG and DOYLE, JJ., concur.

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337 A.2d 703 (Court of Appeals of Maryland, 1975)
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11 S.W.2d 254 (Court of Appeals of Texas, 1928)
Currlin v. State
6 S.W.2d 767 (Court of Criminal Appeals of Texas, 1928)
Jones v. State
1913 OK CR 155 (Court of Criminal Appeals of Oklahoma, 1913)

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Bluebook (online)
1912 OK CR 218, 124 P. 764, 7 Okla. Crim. 562, 1912 Okla. Crim. App. LEXIS 215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-jack-wheeler-oklacrimapp-1912.