Legal Opinion

Burns v. State

Court of Criminal Appeals of Oklahoma

Decided January 25, 1913No. A-1433PublishedCited by 31 opinions

Appeal from District Court, Murray County; R. McMillan, Judge. S. L. Burns was convicted of assault with intent to kill, and his punishment assessed at confinement in the penitentiary for five years, and he appeals. L. H. Mayes testified for the state: That prior to March, 1910, he had resided with his wife, Fannie Mayes, at Hennepin, Garvin county, Okla. That they had two children, aged six and eight years, respectively, both of whom were girls.

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Appeal from District Court, Murray County; R. McMillan, Judge. S. L. Burns was convicted of assault with intent to kill, and his punishment assessed at confinement in the penitentiary for five years, and he appeals. L. H. Mayes testified for the state: That prior to March, 1910, he had resided with his wife, Fannie Mayes, at Hennepin, Garvin county, Okla. That they had two children, aged six and eight years, respectively, both of whom were girls. That prior to March, 1909, witness and his family had lived in the house of defendant at Hennepin. That defendant boarded with witness’ family. That…

1Opinion of the CourtFurman, J.

(after stating the facts as above). First. The transcript of the record in this case contains about 300 pages, yet there is no index attached to it. It is the duty of counsel for an appellant to see that a correct and complete index is attached to every transcript of the record or case-made. The court is already flooded with work, and it is the duty of counsel in preparing their records and briefs to so arrange them that the court can without delay turn to the page of the transcript upon which counsel relies in support of an assignment of error. The names of all of the witnesses and the pages…

2Cases cited19 opinions

  1. State v. NelsonSupreme Court of Minnesota · 1903
  2. Stephens v. . the PeopleNew York Court of Appeals · 1859
  3. Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
  4. Dodge v. PeopleNebraska Supreme Court · 1876
  5. Ford v. StateCourt of Criminal Appeals of Oklahoma · 1912

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

3Cited by31 opinions

  1. Miller v. StateCourt of Criminal Appeals of Oklahoma · 1913
  2. Henry v. StateCourt of Criminal Appeals of Oklahoma · 1913
  3. Ryan v. StateCourt of Criminal Appeals of Oklahoma · 1913
  4. Irvin v. StateCourt of Criminal Appeals of Oklahoma · 1915
  5. Horn v. StateCourt of Criminal Appeals of Oklahoma · 1917

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

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