Legal Opinion

Davis v. State

Court of Criminal Appeals of Oklahoma

Decided May 14, 1912No. A-1183PublishedCited by 30 opinions

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Appeal from District Court, Muskogee County; R. P. DeGraffenreid,. Judge. Robert Davis was convicted of cattle stealing, and brings error. The plaintiff in error, Robert Davis, was convicted in the district court of Muskogee county on an information filed in said county January 25,1911, wherein he was charged with the larceny of two cows, the property of B. V. Bushears. Said larceny is alleged to have been committed June 16, 1910. Trial was had at the February, 1911, term of said court. The jury returned a verdict of guilty, and assessed his punishment at two years’ imprisonment in the…

1Opinion of the CourtDoyle, J.

(after stating the facts as above). Counsel for plaintiff in error contends that the court erred in not sustaining the motion for a new trial, because there was not sufficient evidence to sustain the verdict, and in the brief states:

“We submit there is no evidence in thé record which tends to connect the defendant wdth the crime of stealing, unless it be that of his possession of the cattle. This cannot be considered a circumstance even against him; for the manner in which he obtained possession of the cattle is fully explained by himself and his witnesses.”

We have considered the record in…

2Cited by30 opinions

Chesser v. StateCourt of Criminal Appeals of Oklahoma · 1937
Samples v. StateCourt of Criminal Appeals of Oklahoma · 1959
Cheeves v. StateCourt of Criminal Appeals of Oklahoma · 1920
Shields v. StateCourt of Criminal Appeals of Oklahoma · 1925
Crowell v. StateCourt of Criminal Appeals of Oklahoma · 1929

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