State v. Sullivan
This text of 1919 OK CR 308 (State v. Sullivan) 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.
Opinion
In this case the state appeals from a judgment rendered in the county court of Bryan county, sustaining a demurrer to an indictment charging Henry Sullivan and Boss Neal with the crime of conspiracy.
It appears from the record that the trial court, in rendering judgment sustaining the demurrer to the indictment, made no order authorizing the matter to be submitted to another grand jury or directing that the defendants be prosecuted by information. A petition in error.was filed in this court on April 6, 1918, and no brief has been filed by the county attorney or special prosecutors. When the case was called for final submission, the Attorney General moved that the áppeal' bé dismissed ; that for the reasons stated the attempted prosecution is at '¿n' end, and “this case presents only an academic or moot question, involving only an elementary principle of pleading, which would not justify this office in filing a brief solely in support of it.”
The appeal herein is therefore dismissed.
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Cite This Page — Counsel Stack
1919 OK CR 308, 184 P. 921, 16 Okla. Crim. 719, 1919 Okla. Crim. App. LEXIS 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sullivan-oklacrimapp-1919.