Legal Opinion

Brown v. State

Court of Criminal Appeals of Oklahoma

Decided September 29, 1918No. A-2937PublishedCited by 8 opinions

Appeal from District Court, Hughes County; George C. Crump, Judge. Jess Brown was convicted of the crime of manslaughter in the first degree, and sentenced to serve a term of four years in the penitentiary, .and he appeals. Statement of the Case. J. B. Eaton was shot and killed by the defendant, Jess Brown, in Hughes county, Oklahoma, at the defendant’s home, on September 12, 1916. The shooting took place at the south side of the defendant’s house. Only one shot was fired.

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Appeal from District Court, Hughes County; George C. Crump, Judge. Jess Brown was convicted of the crime of manslaughter in the first degree, and sentenced to serve a term of four years in the penitentiary, .and he appeals. Statement of the Case. J. B. Eaton was shot and killed by the defendant, Jess Brown, in Hughes county, Oklahoma, at the defendant’s home, on September 12, 1916. The shooting took place at the south side of the defendant’s house. Only one shot was fired. The defendant, Jess Brown, was a farmer, 21 years old, and had lived in Oklahoma nearly all his life, in Hughes county…

1Opinion of the CourtMatson, J.

(after stating the facts as above), it is first contended that the court erred in overruling the defendant’s motion for a continuance on account of the absence of one W. B.’ Baker, who, it is contended, was a material witness on the part of the defendant, in that the witness would testify that he was just over the fence from the scene of the difficulty at the time it occurred; that he saw Eaton come up to the defendant Brown’s house, and look into the defendant’s house through the window; that deceased turned with his knife in his hand and ran around to the south side of the house, and that…

2Cases cited3 opinions

  1. Morehead v. StateCourt of Criminal Appeals of Oklahoma · 1915
  2. Petty v. StateCourt of Criminal Appeals of Oklahoma · 1915
  3. Stephens v. StateCourt of Criminal Appeals of Oklahoma · 1915

3Cited by8 opinions

  1. State v. CopenbargerIdaho Supreme Court · 1932
  2. Wingfield v. StateCourt of Criminal Appeals of Oklahoma · 1949
  3. Frank v. United StatesCourt of Appeals for the Ninth Circuit · 1930
  4. Anderson v. StateCourt of Criminal Appeals of Oklahoma · 1949
  5. Dodson v. StateCourt of Criminal Appeals of Oklahoma · 1925

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