(Download) "Handley v. State" by Court of Criminal Appeals of Oklahoma ~ eBook PDF Kindle ePub Free
eBook details
- Title: Handley v. State
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 21, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
1 Plaintiff in Error, Harry Robert Handley, hereinafter referred to as defendant, was charged in the Oklahoma County Court of Special Sessions with the crime of Burglary Second Degree, After Former Conviction of A Felony. He was bound over to District Court under case No. 30785. Defendant filed a Motion to Quash, which was sustained by the trial judge insofar as the ""After Former Conviction of a Felony"" was concerned. The County Attorney filed a Motion to Dismiss for the purpose of re-filing in the Justice Court. This was granted by the trial court. 2 Thereafter, the charges were filed in Justice of the Peace Court, and defendant was again bound over to District Court under case No. 31239. He was tried by a jury, found guilty, and his punishment assessed at Fifteen Years in the penitentiary. From that judgment and sentence he has appealed to this Court asserting one contention of error * * *. That the manner in which the first charge was dismissed failed to preserve in the County Attorney legal authority to file the charge the second time, and, since the charge was re-filed without authority of law, defendant was unlawfully convicted.
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