Flohr Et Ux. v. Territory of Oklahoma

Opinion of the court by

Gillette, J.:

In order- to a consideration of this case, which is an appeal from an order overruling a motion for a new trial, made after the term when judgment was entered and sentence pronounced; upon the ground of newly discovered evidence, and in considering such motion and the ground laid therefor, it is necessary first to notice the defendants’ ground of defense on the trial of the cause. They were charged with larceny by stealth and fraud in the felonious taking of merchandise, the property of C. H. and Luella Richards, at Rusk, in Woods county, Oklahoma; the…