Westbrook v. State
Court of Criminal Appeals of Oklahoma
Appeal from District ■ Court, Latimer County; W. H. Brown, Judge. Roswell Westbrook was convicted of murder and adjudged to suffer death, and he appeals. The plaintiff in error, Roswell Westbrook, and Jack McKennon were jointly informed against for the murder of Calvin Tomlinson, alleged to have been committed in Latimer county on the 7th day of February, 1916, by-shooting him with a pistol. When the cause was called for trial, a severance was demanded.
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Appeal from District ■ Court, Latimer County; W. H. Brown, Judge. Roswell Westbrook was convicted of murder and adjudged to suffer death, and he appeals. The plaintiff in error, Roswell Westbrook, and Jack McKennon were jointly informed against for the murder of Calvin Tomlinson, alleged to have been committed in Latimer county on the 7th day of February, 1916, by-shooting him with a pistol. When the cause was called for trial, a severance was demanded. The state elected to try Westbrook first. The jury returned a verdict finding the defendarit, Roswell Westbrook, guilty of murder, and fixing…
1Opinion of the CourtDoyle, P. J.
(after stating the facts as above). The plaintiff in error, Roswell Westbrook, and Jack Mc-Kennon were jointly charged by information duly filed in the district court of Latimer county on February 28, 1916, with the murder of Calyin Tomlinson, alleged to have been committed in said county on the 7th day of February, 1916, by shooting him with a pistol. Upon their arraignment on the 6th day of March, they took 24 hours to plead. On the 7th day of March, they filed a general demurrer to the information, which was overruled. Thereupon the defendants entered pleas of not guilty, and at that time…
2Cases cited2 opinions
- Fritz v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Owen v. StateCourt of Criminal Appeals of Oklahoma · 1917
3Cited by25 opinions
- Murphy v. StateCourt of Criminal Appeals of Oklahoma · 1941
- Noel v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Morse v. StateCourt of Criminal Appeals of Oklahoma · 1938
- Johnson v. StateCourt of Criminal Appeals of Oklahoma · 1926
- Methvin v. StateCourt of Criminal Appeals of Oklahoma · 1936
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