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State of Oklahoma v. Ernest Preston Short
Date: 09-23-1981
Case Number: CRF-78-151
Judge: Neal Merriott
Court: District Court, McCurtain County, Oklahoma
Plaintiff's Attorney: McCurtain County, Oklahoma, District Attorney's Office
Defendant's Attorney:
Click Here For The Best Idabel Criminal Defense Lawyer Directory
Description:
Idabel, Oklahoma, criminal defense lawyers represented the Defendant charged with first-degree murder.
On August 6, 1978, the appellant fatally shot his girlfriend in a tavern parking lot. The shooting occurred when the appellant unsuccessfully attempted to pull the female victim from the van of Jerry Conterez. At that point, he pulled a gun and shot the victim twice
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As was stated in Adams v. U.S., 375 F.2d 635 (10th Cir.), cert. denied, 389 U.S. 880, 88 S.Ct. 117, 19 L.Ed.2d 173 (1967), the test of sufficiency of an indictment is not whether it could have been made more definite or certain, but whether it contained the elements of the offense. This must be [634 P.2d 758] determined on the basis of practical rather than technical considerations; hair splitting is to be avoided. U.S. v. Moore, 556 F.2d 479 (10th Cir. 1977).
On August 6, 1978, the appellant fatally shot his girlfriend in a tavern parking lot. The shooting occurred when the appellant unsuccessfully attempted to pull the female victim from the van of Jerry Conterez. At that point, he pulled a gun and shot the victim twice
* * *
As was stated in Adams v. U.S., 375 F.2d 635 (10th Cir.), cert. denied, 389 U.S. 880, 88 S.Ct. 117, 19 L.Ed.2d 173 (1967), the test of sufficiency of an indictment is not whether it could have been made more definite or certain, but whether it contained the elements of the offense. This must be [634 P.2d 758] determined on the basis of practical rather than technical considerations; hair splitting is to be avoided. U.S. v. Moore, 556 F.2d 479 (10th Cir. 1977).
Outcome:
The Defendant was found guilty and was sentenced to life in prison.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of State of Oklahoma v. Ernest Preston Short?
The outcome was: The Defendant was found guilty and was sentenced to life in prison.
Which court heard State of Oklahoma v. Ernest Preston Short?
This case was heard in District Court, McCurtain County, Oklahoma, OK. The presiding judge was Neal Merriott.
Who were the attorneys in State of Oklahoma v. Ernest Preston Short?
Plaintiff's attorney: McCurtain County, Oklahoma, District Attorney's Office. Defendant's attorney: Click Here For The Best Idabel Criminal Defense Lawyer Directory.
When was State of Oklahoma v. Ernest Preston Short decided?
This case was decided on September 23, 1981.