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State v. Norwood

Court of Criminal Appeals of Oklahoma
Sep 20, 1972
501 P.2d 836 (Okla. Crim. App. 1972)

Opinion

No. A-17037.

September 20, 1972.

An appeal from the District Court of Oklahoma County; John W. Hutchison, Judge.

An Original Proceeding in which the State of Oklahoma has perfected an appeal upon a reserved question of law. Dismissed.

Curtis P. Harris, Dist. Atty., Bill J. Bruce, Asst. Dist. Atty., Oklahoma County, for appellant.

E. Melvin Porter, Oklahoma City, for appellees.


OPINION


This is an original proceeding wherein the State of Oklahoma has perfected an appeal upon a reserved question of law alleging that the examining magistrate in Oklahoma County, Oklahoma in Case No. CRF-71-896 erred in sustaining a demurrer to the evidence at the preliminary hearing, and further, that the magistrate erred in overruling the State's motion to refile.

In the recent case of State ex rel. Fallis v. Caldwell, Okla. Cr. 498 P.2d 426, this Court modified the previous holdings in Jones v. State, Okla. Cr. 481 P.2d 169, and set forth the procedures to be followed permitting the State of Oklahoma to appeal from adverse rulings or orders of a magistrate. The Court stated:

"G. This rule shall become effective June 1, 1972, and shall be given prospective application only."

In the instant case, the magistrate's rulings were made prior to June 1, 1972. The cause is, accordingly, ordered dismissed.


Summaries of

State v. Norwood

Court of Criminal Appeals of Oklahoma
Sep 20, 1972
501 P.2d 836 (Okla. Crim. App. 1972)
Case details for

State v. Norwood

Case Details

Full title:THE STATE OF OKLAHOMA, APPELLANT, v. ROBERT LEE NORWOOD, JR. and CECILIA…

Court:Court of Criminal Appeals of Oklahoma

Date published: Sep 20, 1972

Citations

501 P.2d 836 (Okla. Crim. App. 1972)
1972 OK CR 233