Elder v State

Elder v State
1911 OK CR 211
114 P. 752
5 Okl.Cr. 693
Case Number: No. A-925
Decided: 04/04/1911
Oklahoma Court of Criminal Appeals

Appeal from District Court, Pittsburg County; Robert M. Rainey, Judge.

Benedict Elder was convicted of the crime of forgery and appeals.

W.H. Fuller and Geo. M. Porter, for plaintiff in error.

Chas. West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.

PER CURIAM.

Plaintiff in error, Benedict Elder, was indicted jointly with Ira. N. Eubanks, and was tried and convicted of the crime of forgery, and was sentenced to serve a term of three years

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in the penitentiary. The judgment and sentence was entered on June 15, 1910. An appeal was perfected by filing in this court on October 10, 1910, a petition in error with case-made attached. Upon arraignment the defendant filed a motion to set aside and quash said indictment, and on the same day filed his application in said court praying for an order to examine witnesses in support thereof, which application was allowed by the court, and a hearing upon the motion was had before the court. The motion was then overruled and exception allowed.