Oklahoma Criminal Reports; Cases Determined in the Criminal Court of Appeals of the State of Oklahoma Volume 9 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...permit those lawyers who might so desire to juggle with justice and play with loaded dice. Courts should never allow the process of the law to be used for such purpose. See Byers v. Territory, 1 Okla. Cr. 677, 100 Pac. 261, 103 Pac. 532. Second. Counsel for appellant in their brief say: "The court erred in permitting A. P. Brown to testify on behalf of the state. A. P. Brown was jointly charged with the plaintiff in error with the joint commission of the crime of murder. The cause was as to this plaintiff in error taken by change of venue to Washington county, but as to A. P. Brown was left in the county where the alleged crime was supposed to have been committed, Osage county. When the state offered A. P. Brown as a witness, the plaintiff in error objected to same and saved her exception when the objection was overruled. The state of Oregon has a section in substance the same as the above, and the courts of that state have repeatedly held that a codefendant must have been tried, or the case against him dismissed, before he would be a competent witness for the state. State v. White, 48 Or. 416, 87 Pac. 142; State v. Drake, 11 Or. 396, 4 Pac. 12-04.; 1 Bishop's New Criminal Procedure, sec. 1020, p. 650, and cases cited." The statutes of Oregon referred to in the brief of counsel for appellant are as follows: Section 166 of the Criminal Code (D. & L. Gen. Laws) provides that: "A defendant in a criminal action or proceeding, cannot be a witness for or against himself, nor for or against his co-defendant, except as provided in sections 162 and 163." Section 162 provides: "When two or more persons are charged in the same indictment, the court may, at any time before the defendant has gone into his...