The Okie Legacy: Old Opera House Murder, The Appeal, March 15th to May 18th, 1912

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Volume 2 , Issue 5

2000

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Old Opera House Murder, The Appeal, March 15th to May 18th, 1912

Appeal - No. A-1618 in the case of N. L. Miller, Plaintiff in Error vs. The State of Oklahoma, Defendant in Error.

Error From the District Court of Woodward County

Comes now L. T. Wilson, counsel for said plaintiff in error and moves the court to grant extension of time beyond that limited by the rules of the court until the 15th day of May, 1912. To file briefs in the above entitled cause.

Signed by L. T. WIlson, Attorney for Plaintiff in Error 

Time prayed for additional time to file briefs in the above entitled cause is hereby granted.

Signed March 15th, 1912 by: Theo H. Doyle

Applicaton for Extension of Time To Make and Serve Briefs

Comes now said Plaintiff in Error, N. L. Miller by his counsel, L. T. Wilson and Charles Swindall and respectfully request the Court to grant an additional extension of time in which to serve and file brief in this Court, and that such time be extended to the 30th day of June 1912.

Plaintiff in Error represents that the crime alleged against him is murder, and that counsel need the additional time requested properly to present his cause to this Court.

Respectfully submitted, This 9th of May 1912

Signed by: L. T. Wilson and Charles Swindall, Attorneys for Plaintiff in Error

To Charles West Attorney General of the State of Oklahoma. Take Notice, that N. L. Miller, makes the above application for an extension of time in which to make, serve and file briefs in the above entitled cause.

Signed by:
L. T. Wilson and Charles Swindall,
Attorney for Plaintiff in Error

Service of the above and foregoing application and notice acknowledged, this, 10th day of May 1912. 

(In Smith C. Matson's handwriting: I do not think extension greater than 30 days should be granted as this case has been finding since the middle of February.)

Signed & filed 14 May 1912 by:
Charles West, Attorney General
by Smith C. Matson

Letter From L. T. Wilson, attorney for Plaintiff, to Mr. W. H. L. Campbell, Clerk, Supreme Court.

Alva, Oklahoma, May 18th, 1912

N. L. Miller vs. State No. A-1618.
Criminal Court of Appeals

Mr. W. H. L. Campbell, Clerk, Supreme Court
Oklahoma city, Oklahoma;

Dear Sir:

Yours in regard to above entitled case received yesterday. It is true that on March 15th, Judge Doyle made an order giving me until May 15th to file briefs in the case. On account of sickness I have been unable to do so, and last week I sent application for an additional extension to June 30th, and mailed the same to the Attorney General for his acceptance of service of notice, I received a letter from the Attorney General's office per Mr. Matson stating that he had accepted service of the same and had filed application and acceptance of service with the Clerk, but objected to an extension greater than 30 days. It was this latter application about which I wrote you. 

On account of ill health I am unable to work at the case all the time and need the full time asked for, as the brief will necessarily be lengthy. I write somewhat fully and request that you show this to Judge Doyle who perhaps will remember the conversation I had with him at the time he gave us the first extension.

Very Truly Yours,
L. T. Wilson
Lock Box 446

(In Judge Doyle's handwriting: Extension of time to serve and get briefs granted until June 30, 1912 as prayed.)

Signed by:
Doyle, Judge

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