Saturday, January 4, 2014

Adamson v. Adamson case brief

Adamson v. Adamson case brief summary
273 P.2d 460 (1975)

The state appealed from a decision of the trial court (Oklahoma), which sustained defendant's demurrer to an information charging defendant with assault and battery with a deadly weapon by means of an automobile.

The information provided that defendant, while in the process of transporting whiskey and resisting arrest, hit an individual with her car with such force as was likely to produce death and serious bodily injury. The court held that the information met the requirements of Okla. Stat. Title 22, § 409 by naming the court, the place where the offense was committed being within the jurisdiction of the court, that the offense was committed within the 3 years to the time of the filing of the information, with the date the offense, and the county. The act complained of was clearly and distinctly set forth in ordinary and concise language so as to enable defendant to know what was intended thereby and the offense was charged with such a degree of certainty as to enable the court to pronounce judgment, and upon conviction according to the right of the case so as to be a bar to any subsequent prosecution for the same offense. Failure of the information to state exactly when and where the act within the county occurred was not fatal to the information, nor was the inclusion of surplusage language referring to other crimes.

The court reversed and remanded.

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