In re Opinion of Judges

• Decision Date: 29 May 1911
• Citation: 115 P. 1028,6 Okla.Crim. 18,1911 OK CR 248
• Parties: In re OPINION OF THE JUDGES.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

115 P. 1028

6 Okla.Crim. 18, 1911 OK CR 248

In re OPINION OF THE JUDGES.

Court of Criminal Appeals of Oklahoma

May 29, 1911

Syllabus by the Court.

The statute providing (section 2275, Snyder's Sts. 1909) that upon a plea of guilty of murder the court shall determine whether the defendant shall be punished by death or by imprisonment for life at hard labor is constitutional and valid, and where a defendant who has been informed against for a capital crime in a court of competent jurisdiction pleads guilty, such court is authorized to pronounce judgment and sentence against such defendant according to law. In such a case, there is no issue to be submitted to a jury.

John Henry Prather, Bud Johnson, James Holmes, Charlie Possy, and Elijah Turner were jointly informed against by the county attorney of Oklahoma county for the crime of murder alleged to have been committed on the 9th day of March, 1911, by shooting one W. H. Archie, with the premeditated design to effect the death of him the said W. H. Archie, and of which mortal wound so inflicted the said W. H. Archie did then and there die. Said information was presented and filed in the district court of Oklahoma county on March 16, 1911. The defendant John Henry Prather was arraigned in open court on March 17th, and it being made to appear to the court that said defendant was unable to employ counsel the court appointed William Harrison an attorney to defend him and allowed time to plead. On March 22d, the defendant John Henry Prather entered his plea of guilty. April 24, 1911, was fixed by the court as the time for pronouncing judgment and sentence upon said defendant. On April 24, 1911, the court upon considering said plea of guilty entered by the defendant John Henry Prather, pronounced its judgment and sentence as follows: "It is therefore ordered, adjudged and decreed by the court that the said John Henry Prather be executed by being hanged by the neck until he is dead, and that such execution shall take place on Wednesday, the 21st day of June, 1911, between the hours of 10 a. m. and 2 p. m. of said day, within the walls of the county jail, or within the jail yard of the county jail of Oklahoma county, Oklahoma, or some other private and convenient place within the said county and state, and that he be and is now remanded to the custody of the sheriff of Oklahoma county, state of Oklahoma, to be by him closely confined within the walls of the county jail of Oklahoma county, Oklahoma, until the day of execution, when and where he is to remove him for the purpose of carrying out the full judgment of this court, and that the clerk of the district court in and for Oklahoma county, Oklahoma, issue a warrant directing the full execution of the judgment and sentence in this behalf, against the said defendant John Henry Prather, and the said sheriff of Oklahoma county Oklahoma, is directed and required to execute said warrant with dispatch and in the manner and form required by law, and see to it that the said defendant John Henry Prather at the time and place aforesaid is so hanged by the neck until he is dead. And that the clerk of said court and the said sheriff of Oklahoma county, Oklahoma, issue and give all due and proper notice. Whereupon the court notifies the defendant John Henry Prather of his right of appeal. W. R. Taylor Judge."

Upon a judgment and sentence of death the provisions of the statute require: section 6927, Snyder's Sts.: "The judge of the court at which a conviction requiring a judgment of death is had, must immediately after the conviction, transmit to the Governor, by mail or otherwise a statement of the conviction and judgment, and of the testimony given at the trial."

Section 6928, Snyder's Sts.: "The Governor may thereupon require the opinion of the Judges of the Criminal Court of Appeals or any of them upon the statement so furnished."

In accordance with the requirement of the statute the clerk of the district court made a certified statement of the conviction and judgment and the presiding judge of the court Hon. W. R. Taylor, transmitted the same to the Governor.

On May 24, 1911, the Governor presented for the consideration of this court the transcript of the record, requesting the opinion of the judges of this court as required by the statute. To this inquiry the following reply was returned by DOYLE, J.:

21 Okl.St.Ann. § 707, providing that on a plea of guilty of murder the court shall determine whether defendant shall be punished by death or imprisonment for life is constitutional and where defendant pleads guilty of a capital crime, the court is authorized to pronounce judgment...