State v. Maxwell

Court of Criminal Appeals of Oklahoma

State v. Maxwell

1972 OK CR 228, 501 P.2d 522, 1972 Okla. Crim. App. LEXIS 758

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 20, 1972

DocketNo. A-17174

StatusPublished

This text of 1972 OK CR 228 (State v. Maxwell) 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

State v. Maxwell, 1972 OK CR 228, 501 P.2d 522, 1972 Okla. Crim. App. LEXIS 758 (Okla. Ct. App. 1972).

Pincite

Opinion

OPINION

PER CURIAM:

This is an original proceeding wherein the State of Oklahoma has perfected an appeal upon a reserved question of law alleging that the examining magistrate in Oklahoma County, Oklahoma in Case No. CRF-71-819 erred in sustaining a demurrer to the evidence at the preliminary hearing, and further, that the magistrate erred in overruling the State’s motion to •refile.

In the recent case of State ex rel. Fallis v. Caldwell, Okl.Cr., 498 P.2d 426, this Court modified the previous holdings in Jones v. State, Okl.Cr., 481 P.2d 169, and set forth the procedures to be followed permitting the State of Oklahoma to appeal from adverse rulings or orders of a magistrate. The Court stated:

“G. This rule shall become effective June 1, 1972, and shall be given prospective application only.”

In the instant case, the magistrate’s rulings were made prior to June 1, 1972. The cause is, accordingly, ordered dismissed.

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