Oklahoma Criminal Reports Volume 14

Oklahoma Criminal Reports Volume 14

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt: ...any steps necessary to institute any proceedings, or carry the same on to a final determination, notwithstanding the local officials might refuse to do so." And in the same opinion the court quotes with approval from the syllabus in the opinion of the Supreme Court of Kansas in State 22. Bowles, 70 Kan. 821, 79 Pac. 726, 69 L. R. A. 176, to the effect that when the Attorney General has been requested by the Governor to act in such a case, the Attorney General then becomes the prose cuting attorney of that county in those proceedings. We understand the court to mean by this language that in such condition the Attorney General becomes clothed with the same power as to the county attorney in regard to the prosecution of such cases. There is nothing in the language of the statute that would justify the inference that the Legislature intended that the request by the Governor and the appearance of the Attorney General in the prosecution of a criminal case should operate to relieve or to disqualify or to take away from the county attorney the powers conferred upon him by the stat ute in regard to the prosecution of criminal causes. The At torney General being clothed with the same power as the county attorney, this power was not exclusive, but concurrent with the power conferred by the statute upon the county attorney, and was limited by the same power which limits the duty and the powers of the county attorney. It will be observed that the situation as presented in the instant case differs from that presented in any of the cases above cited. In each of those cases there was a failure, refusal, or neglect to act on the part of the county attorney that was used as occasion for the Governor to Opinion of the Court. make the request upon the...show more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236740874
  • 9781236740878