(DOWNLOAD) "State v. Edmondson" by Court of Criminal Appeals of Oklahoma " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Edmondson
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 27, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
1 On June 24, 1974, appellee, Walter Lee Edmondson, hereinafter referred to as defendant, was charged in the District Court, Cleveland County, Oklahoma, Case No. CRF-74-386, for the offense of Murder in the Second Degree, in violation of 21 O.S. 1974 Supp. ? 701.2 [21-701.2]. Thereafter, on August 15, 1974, the State amended said Information charging the defendant with Murder in the First Degree, in violation of 21 O.S. 1974 Supp., ? 701.1 [21-701.1]. On September 12, 1974, a preliminary hearing was had before Examining Magistrate J. Kenneth Love, Special District Judge, Cleveland County District Court, wherein, at the conclusion of the hearing, Judge Love ordered the defendant bound over for trial for the offense of Murder in the Second Degree. The State initiated an appeal under the provisions of Rule Six of the Rules of the Oklahoma Court of Criminal Appeals, on the ground that the Magistrate erred in binding the defendant over on Murder in the Second Degree, rather than Murder in the First Degree, as charged in the Preliminary Information. Thereafter, on October 15, 1974, at a combined hearing on the States Rule Six appeal, and on the defendants Motion to Quash, the State announced its withdrawal of the Rule Six appeal, electing to proceed under the provisions of 22 O.S. 1971 ?? 815 [22-815], 817 [22-817], and the case of Claghorn v. Brown, Okl.Cr., 505 P.2d 998 (1973). On November 13, 1974, after having taken the matter under advisement on October 15, 1974, Honorable Elvin J. Brown, District Judge, Cleveland County, sustained the defendants Motion to Quash the information and the court, at that time, ordered the defendant discharged unless the State gave proper notice of intent to appeal, in which event, the defendant was to be released on a personal recognizance bond pending the outcome of the appeal. On November 14, 1974, the State filed its Notice of Intent to Appeal, as provided in 22 O.S. 1971 ? 1053 [22-1053], and thus a timely appeal has been perfected to this Court.