Legal Opinion

Leseney v. State

Court of Criminal Appeals of Oklahoma

Decided March 31, 1917No. A-2270PublishedCited by 15 opinions

Error from District Court, Stevens County; Frank M. Bailey, Judge. Oma Leseney was convicted of manslaughter in the first degree, and she brings error.

1Opinion of the CourtBrett, J.

In this case plaintiff in error, Oma Leseney, was tried for murder; it being charged that she, in connection with others, poisoned her former husband, Joseph H. Howard, by willfully, knowingly, purposely, and maliciously administering arsenic. There was no allegation in the indictment, or attempt, either on the part of the state or the plaintiff in error, to prove that arsenic was negligently or recklessly administered by the plaintiff in error to the deceased. But the state’s theory was that the poison was willfully and purposely administered. And the theory of the plaintiff in error was…

2Cases cited2 opinions

  1. People v. HuntingtonCalifornia Supreme Court · 1903
  2. Pliemling v. StateWisconsin Supreme Court · 1879

3Cited by15 opinions

  1. Irby v. StateCourt of Criminal Appeals of Oklahoma · 1920
  2. Welborn v. StateCourt of Criminal Appeals of Oklahoma · 1940
  3. State v. PruettNew Mexico Supreme Court · 1921
  4. Smith v. StateCourt of Criminal Appeals of Oklahoma · 1921
  5. Abel v. StateCourt of Criminal Appeals of Oklahoma · 1973

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