Smiley v. Territory of Oklahoma

Opinion of the court by

Burford, C. J.:

The plaintiffs in error were tried in the district court of Comanche county upon an indictment charging them with the crime of murder. They were convicted of manslaughter in the second degree, and sentenced to two years’ imprisonment in the territorial penitentiary. No appeal was taken from this judgment. The defendants were sentenced in April, 1903, and on October 28, 1903, filed their application for a new trial upon the grounds of newly discovered evidence. This application was supported by the affidavits of the defendants, Sidney and Dixon, and of C.…