Oklahoma v Childers

Oklahoma v Childers
1927 OK CR 105
254 P. 1118
36 Okl.Cr. 385
Decided: 04/02/1927
Oklahoma Court of Criminal Appeals

Appeal from County Court, Oklahoma County; C.C. Christison, Judge.

Appeal of the State from judgment sustaining demurrer to information. Cause dismissed.

J.K. Wright, Co. Atty., for plaintiff in error.

PER CURIAM. In this case an information, based on sections 6119, 6120, and 6121, C.S. 1921, was filed in the county court of Oklahoma county. To this information a demurrer was interposed, and the same was by the judgment of the court sustained. The state appealed from this judgment. March 29, 1927, the following motion to dismiss the appeal was filed: "Come now C.H. Ruth and J.K. Wright, county attorney of Oklahoma county, Oklahoma, attorneys of record herein for the state of Oklahoma, plaintiff in error, and move the court to dismiss the appeal on the part of the state of Oklahoma against C.C. Childers, defendant in error, from a judgment of the county court of Oklahoma county, Oklahoma. C.H. Ruth, J.K. Wright, County Attorney of Oklahoma