Legal Opinion
Schmitt v. State
Court of Criminal Appeals of Oklahoma
Decided May 3, 1935No. A-8750PublishedCited by 19 opinions
1Opinion of the CourtDoyle, J.
(after stating the case as above).
Taking up the errors assigned in the order in which appellant presents them, the first question arises on the refusal of the trial court to give certain instructions.
No. 1 and No. 2 are both peremptory instructions to return a verdict of “not guilty.”
No. 1 was asked when the state rested its case; and No'. 2 was asked at the close of all the evidence.
Requested instruction No. 3 concludes as follows:
“Gentlemen of the Jury, you are further advised that if you believe from the evidence introduced in this case or if you have a reasonable doubt thereof, that the…
2Cases cited13 opinions
- Dickinson v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Jones v. StateCourt of Criminal Appeals of Oklahoma · 1921
- Nix v. StateCourt of Criminal Appeals of Oklahoma · 1922
- Harrison v. StateCourt of Criminal Appeals of Oklahoma · 1914
- Kirby v. StateCourt of Criminal Appeals of Oklahoma · 1923
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Freeman v. StateCourt of Criminal Appeals of Oklahoma · 1994
- Dennis v. StateCourt of Criminal Appeals of Oklahoma · 1977
- Allen v. StateCourt of Criminal Appeals of Oklahoma · 1993
- Jenkins v. StateCourt of Criminal Appeals of Oklahoma · 1945
- Felts v. StateCourt of Criminal Appeals of Oklahoma · 1978
14 more not listed; retrieve them via the Exa API.