Oklahoma Reports; Cases Determined in the Supreme Court of the State of Oklahoma Volume 15

Oklahoma Reports; Cases Determined in the Supreme Court of the State of Oklahoma Volume 15

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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. 1906 edition. Excerpt: ... were sworn, admonished and excluded from the court room. Hodges with the consent of defendant's counsel (with the exception of Mr. Marum who subsequently stated to the court that he had nothing to do with it) returned to the court room, and heard the evidence and proceedings of the trial until he was called to testify as a witness for the defendant. The court asked counsel if the witness had not been present in the court room, and they said that he had. They further stated that they had conferred together and had concluded that he probably could not testify in any event, but that it was always the intention of counsel to test the question of his qualification. The court then informed the counsel that the witness might testify, but that, if he did, he would be punished for contempt for disobeying the order of the court, as Mr. Hodges and counsel had been specifically informed that he should be excluded from the court room if he was to be used as a witness. He took the witness stand and testified, and when his testimony was concluded the-court ordered the sheriff to take him into custody to be de tained to answer for contempt in disobeying the court's instzruction. Was the court's action prejudicial to the defendant, and, if so, can he complain? A defendant, when charged with crime, has the lawful right to try his own case, or he may be represented by counsel. for whose acts and conduct, in the trial of his case, he is responsible. In the Opinion of the Court. light of the record it is fair to assume that the defendant knew that Hodges had been given permission by his attorneys to remain in the room. but, whether he did or not is immaterial, as they were his representatives, and he was bound to take notice of what was...show more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236817133
  • 9781236817136