Legal Opinion

Watkins v. United States

Court Of Appeals Of Indian Territory

Decided August 27, 1897PublishedCited by 6 opinions

Appeal from the United States Court for the Southern District. C. B. Kilgore, Judge. William R. Watkins appeals from a conviction of murder.' 1. The trial court erred in refusing to submit to the jury the special instruction asked by' the defendant, as follows: “The jury are instructed that in order to justify homicide upon the grounds of self-defense, it is not necessary that the party killing should have been in actual danger of losing his life, or of receiving serious…

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Appeal from the United States Court for the Southern District. C. B. Kilgore, Judge. William R. Watkins appeals from a conviction of murder.' 1. The trial court erred in refusing to submit to the jury the special instruction asked by' the defendant, as follows: “The jury are instructed that in order to justify homicide upon the grounds of self-defense, it is not necessary that the party killing should have been in actual danger of losing his life, or of receiving serious bodily injury, at the hands of the person killed at the time of the homicide; but it is sufficient to justify the killing…

1Opinion of the CourtSpringer, C. J.

The appellant was indicted October 12, 1896, at Ardmore, in the Southern district of the Indian Territory, for the murder of Wyatt Williams on the 10th day of the same month. On the 18th day of the same month the appellant was placed on trial, and on the Thursday following the jury returned into court a verdict of guilty, in *372manner and form as charged in the indictment, adding to the verdict the words, “ asking the clemency of the court.” On the 10th day of November the motion for a new trial was .overruled, and the sentence of death was pronounced on the appellant by the court, fixing the…

2Cases cited12 opinions

  1. Keener v. StateSupreme Court of Georgia · 1855
  2. Campbell v. PeopleIllinois Supreme Court · 1854
  3. Adams v. PeopleIllinois Supreme Court · 1868
  4. Mills v. United StatesSupreme Court of the United States · 1897
  5. State v. HaysSupreme Court of Missouri · 1856

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3Cited by6 opinions

  1. Henderson v. StateCourt of Criminal Appeals of Oklahoma · 1963
  2. Sharp v. StateCourt of Criminal Appeals of Oklahoma · 1909
  3. Francis v. CommissionerUnited States Tax Court · 1947
  4. Ned v. StateCourt of Criminal Appeals of Oklahoma · 1925
  5. Taylor v. United StatesCourt Of Appeals Of Indian Territory · 1906

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