Legal Opinion

Rutherford v. United States

Court of Criminal Appeals of Oklahoma

Decided May 16, 1908No. 843, Ind. TPublishedCited by 9 opinions

Error from the United States Court for the Central District of the Indian Territory, at Atoka; Thomas C. Humphrey, Judge. Emmett Rutherford was convicted of grand larceny, and appeals.

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Error from the United States Court for the Central District of the Indian Territory, at Atoka; Thomas C. Humphrey, Judge. Emmett Rutherford was convicted of grand larceny, and appeals. On the 14th day of November, 1905, the grand jury for the United States Court in Indian Territory, Central District, sitting at Durant, returned its indictment into open court charging Emmett Rutherford and Charles Jones with having on the 12th day of June, 1905, within that jurisdiction; committed the crime of grand larceny of certain saddles and harness belonging to E. R. Benson of the value of $62. Jones…

1Opinion of the Court

Dunn, J

(after stating the facts as above). Defendant requested the court to give the following instruction:

“The jury are instructed that if in this case they can reconcile the circumstances tending to show defendant’s guilt, if any; reasonably with the fact of the innocence of defendant, then it is your duty to acquit him.”

In addition to this, on the refusal of this instruction, counsel for the defendant again urged the court to charge the law on circumstantial evidence. The instruction which was presented and the specific request were both refused by the court and error which is confessed by…

2Cases cited6 opinions

  1. People v. WalkerMichigan Supreme Court · 1878
  2. Hamilton v. StateSupreme Court of Georgia · 1895
  3. State v. CohenSupreme Court of Iowa · 1899
  4. People v. ScottUtah Supreme Court · 1894
  5. Wantland v. StateIndiana Supreme Court · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Kirk v. StateCourt of Criminal Appeals of Oklahoma · 1914
  2. Knight v. StateCourt of Criminal Appeals of Oklahoma · 1941
  3. Bock v. StateCourt of Criminal Appeals of Oklahoma · 1926
  4. Breedlove v. StateCourt of Criminal Appeals of Oklahoma · 1931
  5. Pierson v. StateCourt of Criminal Appeals of Oklahoma · 1917

4 more not listed; retrieve them via the Exa API.

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