Prince v. United States
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Garvin County; B. McMillan, Judge. .On the 26th day of February, 1907, Nealy Prince was indicted in the United States Court for the Southern District of the Indian Territory for the crime of murder. Upon the admission of Oklahoma into the Union the cause, being then untried, was transferred to the District Court of Garvin County.
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Appeal from District Court, Garvin County; B. McMillan, Judge. .On the 26th day of February, 1907, Nealy Prince was indicted in the United States Court for the Southern District of the Indian Territory for the crime of murder. Upon the admission of Oklahoma into the Union the cause, being then untried, was transferred to the District Court of Garvin County. Trial thereof was had in said court during the October, 1908, term, and resulted in a verdict finding plaintiff in error guilty of the crime of manslaughter, and assessing his punishment at imprisonment in the penitentiary for a term of…
1Opinion of the Court
RICHARDSON, Judge.
Two alleged errors, are relied upon as grounds for the reversal of this cause, the first of which is that the trial court erred in instructing the jury as follows:
“You see by these definitions that in murder malice must exist, but that manslaughter is the killing of a human being without malice.”
The contention is that this instruction required the jury to find plaintiff in error guilty of manslaughter, even though they were convinced that he took the life of the deceased in his necessary self-defense, that being a killing without malice. Plaintiff in error contended below…
2Cases cited27 opinions
- Commonwealth v. DrumSupreme Court of Pennsylvania · 1868
- Price v. StateCourt of Criminal Appeals of Oklahoma · 1908
- Hawkins v. United StatesCourt of Criminal Appeals of Oklahoma · 1910
- State v. . RollinsSupreme Court of North Carolina · 1893
- Territory of Montana v. MantonMontana Supreme Court · 1888
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3Cited by6 opinions
- State v. JurkoIdaho Supreme Court · 1926
- Lumpkin v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. CopenbargerIdaho Supreme Court · 1932
- Medberry v. PeopleSupreme Court of Colorado · 1940
- Havill v. United StatesCourt of Criminal Appeals of Oklahoma · 1911
1 more not listed; retrieve them via the Exa API.