Mickle v. United States
Court Of Appeals Of Indian Territory
Error to the United States Court for the Central District of the Indian Territory; before Justice ffm. H. H. Clayton, March 31, 1905. Ed. Mickle was convicted of larceny, and he brings error.
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Error to the United States Court for the Central District of the Indian Territory; before Justice ffm. H. H. Clayton, March 31, 1905. Ed. Mickle was convicted of larceny, and he brings error. On November 15, 1904, the grand jury at South Mc-Alester returned an indictment for larceny against the defendant (appellant). It charged that the defendant unlawfully and feloniously did steal, take, and carry away from out of the possession, and without the consent, of Enoch ICendle, four hogs of the value of $20. On November 16, 1904, defendant waived arraignment and pleaded not guilty, and on…
1Opinion of the CourtTownsend, J.
(after stating the facts). The appellant has filed eight assignments of error: “(1) That the verdict is contrary to law. (2) That the verdict is contrary *559to the evidence. (3) That the court erred in failing to instruct the jury to return verdict for-the defendant (appellant). (4) That the court erred in permitting the prosecuting witness, Enoch Kendle, to testify to certain statements: ‘1 came home, and on my way back met Johnnie Richards, who gave 'me the information that he had seen the defendant driving, the hogs. I went back to Wilburton and had another conversation with the defendant,…
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