Legal Opinion

Askew v. United States

Court of Criminal Appeals of Oklahoma

Decided March 29, 1909No. 772PublishedCited by 7 opinions

Appeal from the. United States Court for the Southern District of the Indian Territory; J. T. Dickerson, Judge. Dan Askew was convicted of larceny, and appeals.

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Appeal from the. United States Court for the Southern District of the Indian Territory; J. T. Dickerson, Judge. Dan Askew was convicted of larceny, and appeals. On the 11th day of January, 1903, Dan Askew (hereinafter called defendant) ivas indicted by the grand jury of the United States Court for the Southern District of the Indián Territory, sitting at Ardmore, for the offense of the larceny of three horses, the property of Hogan Keel, and one horse, the property of Tip Graham, who was not then and there a member of any Indian tribe or nation. On the 20th day of December, 1903, the case was…

1Opinion of the Court

FURMAN, PRESIDING Judge,

(after stating the facts as above.) It is not deemed necessary to consider more than one of defendant’s assignments of error, and to this one the Attorney General has filed the following confession of error:

“The fifth assignment of error presented by appellant is that The court erred in its instructions to the jury in the following: “The unexplained possession, if there should be such unexplained possession, of recently stolen property, is prima facie, but not conclusive, evidence of his guilt.” ’
“Exception was taken to this charge of the court at the time'it was…

2Cases cited16 opinions

  1. Slater v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
  2. Engleman v. StateIndiana Supreme Court · 1850
  3. Blankenship v. StateSupreme Court of Arkansas · 1891
  4. Underwood v. StateSupreme Court of Alabama · 1882
  5. Turbeville v. StateIndiana Supreme Court · 1873

11 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Shields v. StateCourt of Criminal Appeals of Oklahoma · 1925
  2. Cox v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
  3. Pickering v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
  4. Bidwell v. StateCourt of Criminal Appeals of Oklahoma · 1924
  5. State v. JanksIdaho Supreme Court · 1914

2 more not listed; retrieve them via the Exa API.

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