Oklahoma criminal reports Volume 9

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. 1913 edition. Excerpt : …

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. 1913 edition. Excerpt : . . . necessary to give the court jurisdiction of the subject-matter. Certainly no one w0uld’contend for such an absurb proposition as this. It simply protects a personal right of a defendant, and, if necessary to give jurisdiction of his person, it may be waived, for the law is well settled that, while jurisdiction of the subject-matter cannot be conferred by consent, yet that jurisdiction of the person can be given by consent and is waived if not presented in apt time. In the case of Missouri, Oklahoma & Gulf Railway Co. v. D. W. McClellan, 35 Okla. 609, 130 Pac. 916, in an opinion by Chief Justice Hayes, the doctrine is clearly and distinctly stated that all objections to proceedings and pleadings in civil cases are waived if not presented in apt time, unless it appears that the court has not obtained jurisdiction of the subject-matter, or that the petition fails to state a cause of action, and that these questions may only be raised for the first time upon appeal. We therefore could not sustain the contention of counsel for appellant without disregarding both the spirit and the letter of our statute law and practically reversing every decision which we have heretofore rendered upon this question. We therefore hold that, if the defendant pleads to an unsigned information, he thereby admits that the prosecution is being conducted by the proper officers and waives his right to afterwards complain of this defect. This rule cannot injure an innocent person or deprive him of a single substantial right, and does not in the least interfere with the administration of justice. Any other rule would permit those lawyers who might so desire to juggle with justice and play with loaded dice. Courts should never allow the process of the law to be used. . .

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