McDaniels v. United States

Court of Criminal Appeals of Oklahoma

McDaniels v. United States

1909 OK CR 90, 103 P. 737, 2 Okla. Crim. 587, 1909 Okla. Crim. App. LEXIS 174

CourtCourt of Criminal Appeals of Oklahoma

DecidedAugust 30, 1909

DocketNo. 687 Ind. T.

StatusPublished

This text of 1909 OK CR 90 (McDaniels v. United States) 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

McDaniels v. United States, 1909 OK CR 90, 103 P. 737, 2 Okla. Crim. 587, 1909 Okla. Crim. App. LEXIS 174 (Okla. Ct. App. 1909).

Pincite

Opinion

PER CURIAM.

M. Y. McDaniels was tried and convicted in the United States Court of the Northern District of the Indian Territorj1- for the crime of introducing intoxicating liquors into the Indian Territory, and was sentenced to pay a fine of $5 and be imprisoned for 30 days in the federal jail. He appealed to the United States Court of Appeals for .the Indian Territory, where said cause was pending when Oklahoma was admitted as a state. The cause was then transferred to the Supreme Court of Oklahoma, and was by the Supreme Court transferred to the Criminal Court of Appeals.

The original and appellate jurisdiction vested in the United States courts for this class of offenses is exclusive of the state courts. The Criminal Court of Appeals of Oklahoma had no ap *588 pellate jurisdiction of tbe offense for which appellant was con-vieted.

We therefore order that said cause be stricken from the docket.

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PER CURIAM.

M. Y. McDaniels was tried and convicted in the United States Court of the Northern District of the Indian Territorj1- for the crime of introducing intoxicating liquors into the Indian Territory, and was sentenced to pay a fine of $5 and be imprisoned for 30 days in the federal jail. He appealed to the United States Court of Appeals for .the Indian Territory, where said cause was pending when Oklahoma was admitted as a state. The cause was then transferred to the Supreme Court of Oklahoma, and was by the Supreme Court transferred to the Criminal Court of Appeals.

The original and appellate jurisdiction vested in the United States courts for this class of offenses is exclusive of the state courts. The Criminal Court of Appeals of Oklahoma had no ap *588 pellate jurisdiction of tbe offense for which appellant was con-vieted.

We therefore order that said cause be stricken from the docket.

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Bluebook (online)

1909 OK CR 90, 103 P. 737, 2 Okla. Crim. 587, 1909 Okla. Crim. App. LEXIS 174, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdaniels-v-united-states-oklacrimapp-1909.