Moore v. State
Court of Criminal Appeals of Oklahoma
Appeal from, District Court, Creek County; T. L. Brown, Judge. C. H. Moore and. Harry G. Carpenter were jointly convicted of 'assault with intent to kill, and they appeal. Reversed .and remanded as to O. H. Moore. On instruction upon “aiding or abetting”: Drury v. Territory, 9 Okla. 398; Clem v. State, 33 Ind. 418. On definition of reasonable doubt: Chandler v. State, 3 Okla. Cr. 254. On sufficiency, of indictment: Fletcher v. State, 2 Okla. Cr. 200; Smyihe v. State, 2 Oída.
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Appeal from, District Court, Creek County; T. L. Brown, Judge. C. H. Moore and. Harry G. Carpenter were jointly convicted of 'assault with intent to kill, and they appeal. Reversed .and remanded as to O. H. Moore. On instruction upon “aiding or abetting”: Drury v. Territory, 9 Okla. 398; Clem v. State, 33 Ind. 418. On definition of reasonable doubt: Chandler v. State, 3 Okla. Cr. 254. On sufficiency, of indictment: Fletcher v. State, 2 Okla. Cr. 200; Smyihe v. State, 2 Oída. Cr. 286-.
1Opinion of the Court
RICHARDSON, Judge.
In this case plaintiffs in error and one John Jones were jointly charged with an assault with intent to kill. The trial resulted in the acquittal of Jones and the conviction of plaintiffs in error as charged. It is contended that the verdict of conviction was not sustained by the evidence in that it was not shown beyond a reasonable doubt that plaintiffs in error were the parties who committed the assault. The evidence on this question was conflicting. John Cheé, the assaulted party, testified that he was called- to the door of his restaurant about midnight, and that when he…
2Cases cited12 opinions
- Burrell v. StateTexas Supreme Court · 1857
- Crocket v. StateIndiana Supreme Court · 1870
- White v. PeopleIllinois Supreme Court · 1876
- State v. . HildrethSupreme Court of North Carolina · 1849
- People v. WoodwardCalifornia Supreme Court · 1873
7 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Conover v. StateCourt of Criminal Appeals of Oklahoma · 1997
- Polk v. StateCourt of Criminal Appeals of Oklahoma · 1924
- Anderson v. StateCourt of Criminal Appeals of Oklahoma · 1939
- Dobbs v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. GrantIdaho Supreme Court · 1914
28 more not listed; retrieve them via the Exa API.