Martin v. Territory of Oklahoma

Opinion of the court by

Burford, C. J.:

The plaintiff in error was convicted in the district court of Caddo county of the crime of assault with a dangerous weapon with intent to do bodily harm, and sentenced to serve one year in the penitentiary. -Motion for new trial was overruled and the ruling excepted to, and the prisoner brings the case here on petition in error.

It appears from the record that the plaintiff in error, Martin, and the prosecuting witness, Cramer, had put up some hay on the shares on lands occupied by Cramer. On the day of the assault they became engaged in a controversy and…