Arrest of Judgment
And thereafter on the 15th day of September, A.D. 1911, a Motion and Arrest of Judgment was filed in the District Court of Woodward County, State of Oklahoma, which Motion and Arrest of Judgment in words and figures is as follows, to-wit:
State of Oklahoma, Plaintiff
vs. -- Case 714 Woodward Co., OK
N. L. Miller, Defendant
Now comes the defendant, N. L. Miller, and moves the Court that no judgment be rendered on the verdict of the jury heretofore rendered in this cause on the 12th day of September 1911, wherein and whereby a jury found said defendant guilty of the crime of murdering Mabel Oakes on the 9th day of November, 1910 in Woods County, Oklahoma, for the reason that said information upon which said defendant was placed upon trial, does not state facts sufficient in law to constitute crime against the laws of the State of Oklahoma. Second --Because said information does not state facts sufficient in law to constitute a public offense against the laws of the state of Oklahoma?
L. T. Wilson & Charles Swindall
Attorneys for Defendant
Case No. 714 - Woodward, Oklahoma
Filed Sept. 15, 1911
Jerry Coover, Clerk of Dist. Clerk
Order from the Court
Now, to-wit: on this the 15th day of September, A.D. 1911, the same being one of the regular judicial days of the Adjourned July 1911 term of said District Court this cause came on in regular order to be heard by the court upon the Motion of Defendant, N. L. Miller in Arrest of Judgment and Sentence in said cause, the State of Oklahoma, being present by Sandor J. Vigg, County Attorney of Woods County, State of Oklahoma, and the defendant being present in person and by Charles Swindall, his attorney and the court having heard the argument of counsel in favor of and against said Motion and being fully advised in the premised both as to the law and the facts finds that said motion is not well taken and should be denied and refused to which said findings of the Court the defendant at the time excepted and saves an exception.
IT IS THEREFORE, CONSIDERED, Ordered and adjudged by the court that said Motion in Arrest of Judgment and Sentence in said cause be and the same is by the court overruled, denied and refused, to which said judgment, order, ruling and decision of the court the Defendant at the time excepted and saves an exception.
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