Byers v. Territory
Court of Criminal Appeals of Oklahoma
Error from District Court, Comanche County; F. E. Gillette,Judge. A. N. Byers was convicted of manslaughter, and he brought error to the Supreme Court, whence the cause is transferred to the Criminal Court of Appeals.
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Error from District Court, Comanche County; F. E. Gillette,Judge. A. N. Byers was convicted of manslaughter, and he brought error to the Supreme Court, whence the cause is transferred to the Criminal Court of Appeals. At the August, 1906, term of the district court the grand jury of Kiowa county returned an indictment against the plaintiff in error (hereinafter referred to as the accused), charging that on the 27th day of December, 1904, he committed the crime of murder by taking the life of his wife, Salinda Byers. At the same term of court a change of venue was granted on application of the…
1Opinion
On Petition For Rehearing.
2Per curiam
It is contended that there is an irreconcilable conflict between the original opinion in this case and the *699principles announced by this court in the later case of Price v. United States, 101 Pac. 1036. If this contention is correct, then this court should recede from its position in the oné case or the other.
The gravity of the case and the importance of the question raised has caused the members of this court to re-examine thoroughly the grounds upon which these two cases rest to discover if there is any conflict between them, and, if so, which decision is best…
3Cases cited2 opinions
- Price v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
- Jinks v. StateCourt of Criminal Appeals of Texas · 1896