Rupert v. United States
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Oklahoma. Paris N. Rupert was convicted on indictments for criminal offenses; and he brings error. February 27, 1907, the grand jury of Blaine county, Okl. T., returned four Indictments against defendant Rupert.
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In Error to the District Court of the United States for the Western District of Oklahoma. Paris N. Rupert was convicted on indictments for criminal offenses; and he brings error. February 27, 1907, the grand jury of Blaine county, Okl. T., returned four Indictments against defendant Rupert. In one case (No. 43) the charging part of the indictment is: “That on, to wit, the thirtieth day of November, in the year of our Lord one thousand nine hundred and five, in said county, and within the jurisdiction of said court, Paris N. Rupert, then and there being, did then and there, unlawfully,…
1Opinion of the CourtSmith McPHERSON, District Judge
(after stating the facts as above).. The record contains that which purports to be the testimony, the charge of the court, instructions refused, objections, rulings and exceptions, with recitals of what occurred during the trial, including motions for a new trial. None of these are evidenced by a bill of exceptions, and are, therefore, not of record. We cannot consider any of them. The office and necessity of a bill of exceptions in all actions at law and in criminal cases have long been recognized by the profession and required by all Appellate Courts. The practice, whatever it is, in…
2Cases cited16 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
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- In Re RahrerSupreme Court of the United States · 1891
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- Evans v. United StatesSupreme Court of the United States · 1894
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