STATE v. NUNLEY

STATE v. NUNLEY
1972 OK CR 230
501 P.2d 533
Case Number: A-17035
Decided: 09/20/1972
Oklahoma Court of Criminal Appeals

An appeal from the District Court of Oklahoma County; James B. Barnett, 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.

Grover L. Miskovsky, Oklahoma City, for appellee.

OPINION

PER CURIAM:

¶1 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-71-908 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.

¶2 In the recent case of State ex rel. Fallis v. Caldwell, Okl.Cr., 498 P.2d 426, this Court modified the previous holdings in Jones v. State, Okl.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, order dismissed.