Perkins v. Territory of Oklahoma
Supreme Court of Oklahoma
Error from the District Court of Pottawatomie County, before B. F. Burwell, District Juclge. STATEMENT OF THE CASE Tlie plaintiff in error was indicted in tbe district court of Pottawatomie county on the 11th day of April, 1898, charged with the murdér of one John Blackwell, in Pottawatomie county, on February 22, 1898. The plaintiff was arraigned on the 12th day of April, 1898, and he filed his demurrer thereto on April 5, 1899, and same was by the court overruled, and the…
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Error from the District Court of Pottawatomie County, before B. F. Burwell, District Juclge. STATEMENT OF THE CASE Tlie plaintiff in error was indicted in tbe district court of Pottawatomie county on the 11th day of April, 1898, charged with the murdér of one John Blackwell, in Pottawatomie county, on February 22, 1898. The plaintiff was arraigned on the 12th day of April, 1898, and he filed his demurrer thereto on April 5, 1899, and same was by the court overruled, and the plaintiff at the time excepted, and the court s~t the case down for trial on May 11,1899. On May 12, 1899, plaintiff…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
The first contention of plaintiff in error js that the court erred in putting the defendant on trial for the crime of murder, for the reason that the indictment did not charge murder under the statutes of Oklahoma, and that the court erred in excusing jurors on account of conscientious scruples against capital punishment, and in overruling defendant’s motion for a new trial on the grounds stated above. And in support of this position the counsel for plaintiff in error cite the court to the case of Jewell v. The Territory of Oklahoma, 4 Oklahoma, 53, and Holt…
2Cases cited15 opinions
- Spies v. PeopleIllinois Supreme Court · 1887
- State v. NashSupreme Court of Iowa · 1858
- McKee v. StateIndiana Supreme Court · 1887
- State v. SorterSupreme Court of Kansas · 1893
- Polson v. StateIndiana Supreme Court · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sturgis v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Smith v. StateCourt of Criminal Appeals of Oklahoma · 1919
- Wells v. Territory of OklahomaSupreme Court of Oklahoma · 1904
- Weston v. TerritoryCourt of Criminal Appeals of Oklahoma · 1908
- Mosier v. MosierSupreme Court of Oklahoma · 1926
1 more not listed; retrieve them via the Exa API.