STATE v. SMITH

No. A-12456.

320 P.2d 719 (1958)

STATE of Oklahoma, Plaintiff in Error, v. Tom SMITH, Defendant in Error.

Criminal Court of Appeals of Oklahoma.

January 15, 1958.


Attorney(s) appearing for the Case

Mac Q. Williamson, Atty. Gen., Owen J. Watts, Asst. Atty. Gen., Joe Looney, County Atty., Seminole County, T.H. Williams, Asst. County Atty., Wewoka, for plaintiff in error.

Walter Billingsley and Rudolph Hargrave, Wewoka, for defendant in error.


BRETT, Presiding Judge.

This is an appeal on a reserved question of law by the State of Oklahoma to a ruling of the Honorable A.L. Commons, specially assigned District Judge, sustaining the defendant's motion to quash the indictment returned by a grand jury of the defendant, Tom Smith. The motion to quash was sustained on the proposition that Mr. E.L. Murrell, who qualified for grand jury service, was in fact a deputy sheriff...

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