Son v. the Territory of Oklahoma
Supreme Court of Oklahoma
Error from the District Court of Canadian County. STATEMENT OE EAOTS. On the twenty-fifth day of April, 1895, the grand jury of D county returned an indictment against Bailey Son, Alfred Son, Dick Yeager, alias Zipp Wyatt, Dan McKinzie, and Grant Pettyjohn, charging said parties with the murder of one Fred Hoffman. The case was taken upon a change of venue to Canadian county, and tbe defendant, Alfred Son, tried upon the indictment. Upon the first trial the jury disagreed.
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Error from the District Court of Canadian County. STATEMENT OE EAOTS. On the twenty-fifth day of April, 1895, the grand jury of D county returned an indictment against Bailey Son, Alfred Son, Dick Yeager, alias Zipp Wyatt, Dan McKinzie, and Grant Pettyjohn, charging said parties with the murder of one Fred Hoffman. The case was taken upon a change of venue to Canadian county, and tbe defendant, Alfred Son, tried upon the indictment. Upon the first trial the jury disagreed. The second trial resulted in a conviction of the defendant, Alfred Son, the jury fixing the punishment at imprisonment…
1Opinion of the Court
The opinion of the court was delivered by
Dale, C. J.:
Where circumstantial evidencealone is relied upon for a conviction, proof of a motive upon the part of the accused which would induce him to commit the crime is always competent, and, if a strong motive be shown, unquestionably it would require a less amount of other evidence to bring about a conviction. In other words, motive to commit crime, if shown, may in many cases be sufficient alone, almost, to induce a belief of guilt. Upon the other hand, where no motive for the commission of a crime can be shown, it is almost impossible to…
2Cases cited8 opinions
- State v. ReedSupreme Court of Kansas · 1894
- State ex rel. Little v. SpencerSupreme Court of Kansas · 1894
- Cheek v. StateIndiana Supreme Court · 1871
- Combs v. StateIndiana Supreme Court · 1881
- State v. PunshonSupreme Court of Missouri · 1894
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3Cited by8 opinions
- Robinson v. StateIndiana Court of Appeals · 1974
- Porter v. StateIndiana Supreme Court · 1910
- State v. CalleiaSupreme Court of New Jersey · 2011
- State v. JacksonOhio Court of Appeals · 1948
- Dykes v. StateCourt of Criminal Appeals of Oklahoma · 1915
3 more not listed; retrieve them via the Exa API.