Douthitt v. Territory of Oklahoma
Supreme Court of Oklahoma
Error from the District Court of Pottawatomie County, hefore J. R. Keaton, District Judge. STATEMENT OP PACTS. Thomas Douthitt and William Douthitt were indicted for stealing a cow. The indictment charged that the defendants, on the 10th day of December, 1896, stole a cow, valued at $25, the property of Samuel Workman. The defendants were found guilty.
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Error from the District Court of Pottawatomie County, hefore J. R. Keaton, District Judge. STATEMENT OP PACTS. Thomas Douthitt and William Douthitt were indicted for stealing a cow. The indictment charged that the defendants, on the 10th day of December, 1896, stole a cow, valued at $25, the property of Samuel Workman. The defendants were found guilty. The motion for a new-trial alleged (1) that the jury were guilty of misconduct by which a fair and due consideration of the case was prevented; and (2) that the verdict of the jury is contrary to, and not supported by the evidence. Another…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
The assignments of error made in the first motion were argued upon the proposition that there was no evidence tending to connect the defendants with the theft charged in the indictment, or which would have been proper for the jury, except the fact of possession of the stolen property soon after the theft, and that since the defendants explained this possession, and the explanation was not shown by the Territory to be false, the verdict should be set aside. Evidence was offered to the jury tending to show that the cow charged to have been stolen was taken from…
2Cases cited4 opinions
- Sexton v. LambSupreme Court of Kansas · 1882
- People v. KuchesCalifornia Supreme Court · 1898
- People v. AppletonCalifornia Supreme Court · 1898
- Johnson v. Territory of OklahomaSupreme Court of Oklahoma · 1897
3Cited by9 opinions
- Smith v. Territory of OklahomaSupreme Court of Oklahoma · 1902
- Price v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Meierholtz v. Territory of OklahomaSupreme Court of Oklahoma · 1904
- Sellers v. StateCourt of Criminal Appeals of Oklahoma · 1924
- Glenny v. Territory of OklahomaSupreme Court of Oklahoma · 1905
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