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Ex Parte Spencer

Citations

  • 122 P. 557
  • 7 Okla. Crim. 113
  • 1912 OK CR 133
  • 1912 Okla. Crim. App. LEXIS 2

Syllabus

<p>1. INTOXICATING LIQUORS — Information—Sufficiency. 'Where an information charges the defendant with having in his possession intoxicating liquors with the intention of violating the provisions of the prohibitory liquor laws of Oklahoma, such information states an offense against the laws of this state.</p> <p>2. INDICTMENT AND INFORMATION — Objections —Waiver. AVhere a defendant goes to trial, and for the first time objects to the information or indictment when the state attempts to introduce testimony thereunder, or upon appeal, or by habeas corpus, the objection should be overruled if by any intendment or presumption the information or indictment can be sustained.</p> <p>8. HABEAS CORPUS — Defects in Information. Formal defects in an information cannot be presented by habeas corpus proceedings..</p> <p>(Syllabus by the Court.)</p>

Judges: Armstrong, Doyle, Furman

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