Legal Opinion

Stouse v. State

Court of Criminal Appeals of Oklahoma

Decided December 11, 1911No. A-542PublishedCited by 60 opinions

Appeal from District Court, Coal County; A. T. West, Judge. W. H. Stouse and another were convicted of manslaughter in the first degree, and appeal. The plaintiffs in error were, by indictment, jointly charged as having, on the 25th day of December, 1908, in Coal county, feloniously, without authority of law, and with premeditated design, killed one J. T. Bunch. The record shows that there were some 10 persons who claim to have been eyewitnesses to the tragedy.

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Appeal from District Court, Coal County; A. T. West, Judge. W. H. Stouse and another were convicted of manslaughter in the first degree, and appeal. The plaintiffs in error were, by indictment, jointly charged as having, on the 25th day of December, 1908, in Coal county, feloniously, without authority of law, and with premeditated design, killed one J. T. Bunch. The record shows that there were some 10 persons who claim to have been eyewitnesses to the tragedy. The proof on the part of the prosecution tends to show the following facts: Geo. Wheeler, the first witness called for the state,…

1Opinion of the CourtDoyue, J.

(after stating the facts as above). The assignments of error and the questions presented thereon in so far as they seem to warrant discussion and' decision will be considered in the order of time upon the trial.

The indictment was returned and filed in open court on March 12, 1909. The defendants were arraigned March 15th, and were then enlarged on bail. June 30th the case was called for trial. The state and the defendants announced ready, and, after the jury had been impaneled and sworn, .the defendants interposed an objection to proceeding further with the trial for the reason that they had…

2Cases cited5 opinions

  1. Starr v. StateCourt of Criminal Appeals of Oklahoma · 1911
  2. White v. StateCourt of Criminal Appeals of Oklahoma · 1910
  3. Blair v. StateCourt of Criminal Appeals of Oklahoma · 1910
  4. Smith v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. Miller v. PeopleIllinois Supreme Court · 1905

3Cited by60 opinions

  1. Lowrey v. StateCourt of Criminal Appeals of Oklahoma · 1948
  2. Underwood v. StateCourt of Criminal Appeals of Oklahoma · 2011
  3. Rogers v. StateCourt of Criminal Appeals of Oklahoma · 1912
  4. Russell v. StateCourt of Criminal Appeals of Oklahoma · 1920
  5. Ex Parte MatthewsCourt of Criminal Appeals of Oklahoma · 1947

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