Legal Opinion

Boone v. State

Court of Criminal Appeals of Oklahoma

Decided April 29, 1918No. A-2737PublishedCited by 8 opinions

Appeal from District Court, Muskogee County; R. P. de Graffenried, Judge. Robert J. Boone was convicted of the crime of embezzlement and sentenced to serve a term of three years in the state penitentiary, and he appeals.

1Opinion of the CourtMatson, J.

One of the many assignments of error relied upon for a reversal of this judgment of conviction is alleged-misconduct on the part of one of the jurors and the prosecuting attorney, which it is claimed was prejudicial to the defendant. During the progress of the trial, and while counsel for defendant was making the opening-statement in behalf of the deferidant, the wife of the defendant and a lady friend of hers, who were sitting within the bar of the court, claimed that, one of the jurors smiled and winked at the county attorney, and that he thereupon winked and smiled at one of his…

2Cases cited2 opinions

  1. Hughes v. StateCourt of Criminal Appeals of Oklahoma · 1912
  2. Silva v. StateCourt of Criminal Appeals of Oklahoma · 1911

3Cited by8 opinions

  1. Gore v. StateCourt of Criminal Appeals of Oklahoma · 1923
  2. Griswold v. StateCourt of Criminal Appeals of Oklahoma · 1922
  3. Tittle v. StateCourt of Criminal Appeals of Oklahoma · 1929
  4. Ballew v. StateCourt of Criminal Appeals of Oklahoma · 1934
  5. Ross v. StateCourt of Criminal Appeals of Oklahoma · 1925

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