Legal Opinion
Fain v. State
Court of Criminal Appeals of Oklahoma
Decided August 17, 1918No. A-2759PublishedCited by 11 opinions
. Appeal from District Court, Sequoyah County; John H. Pitchford, Judge. E. S. Fain was convicted of manslaughter in the first degree, and his punishment fixed at imprisonment in the state penitentiary for a period of ten years, and he appeals.
1Opinion of the CourtMatson, J.
It is contended that the court erred in refusing to require the jury to assess the punishment upon a request of the defendant. Sections 5933 and 5934, Rev. Laws 1910, are as follows:
“In all cases of a verdict of conviction for any offense against any of the laws of the State of Oklahoma, the jury may, and shall upon the request of the defendant, assess and declare the punishment in their verdict within the limitations fixed by law, and the court shall render a judgment according to such verdict, except as hereinafter provided.”
“Where the jury find a verdict of guilty, and fail to agree on the…
2Cases cited3 opinions
- Blair v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Oelke v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Dew v. StateCourt of Criminal Appeals of Oklahoma · 1912
3Cited by11 opinions
- Ladd v. StateCourt of Criminal Appeals of Oklahoma · 1949
- Underwood v. StateCourt of Criminal Appeals of Oklahoma · 1922
- Shanahan v. StateCourt of Criminal Appeals of Oklahoma · 1960
- Bland v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Ex Parte MonroeCourt of Criminal Appeals of Oklahoma · 1949
6 more not listed; retrieve them via the Exa API.