Legal Opinion

Vance v. Territory

Court of Criminal Appeals of Oklahoma

Decided November 27, 1909No. 114PublishedCited by 13 opinions

Error from District Court, Canadian Countyj John II. Burford, Judge. George Elmo Vance was convicted of murder, and brings error. The plaintiff in error (hereinafter referred to as the “defendant”) was indicted in Roger Mills county, territory of Oklahoma, at the April term, 1906, charged with the murder of Walter Sheehan. At the September term, 1906, a change of venue was granted to Canadian count}', Oída.

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Error from District Court, Canadian Countyj John II. Burford, Judge. George Elmo Vance was convicted of murder, and brings error. The plaintiff in error (hereinafter referred to as the “defendant”) was indicted in Roger Mills county, territory of Oklahoma, at the April term, 1906, charged with the murder of Walter Sheehan. At the September term, 1906, a change of venue was granted to Canadian count}', Oída. T. At the November term, 1906,' of the Canadian county district court, the case was continued on application of the defendant. At the March term, 1907, the defendant was tried and…

1Opinion of the Court

OWEN, Judge,

(after stating the facts as above). There are 45 assignments of error in this case. The first assignment is expressly waived in the brief filed by counsel for the defendant. The second and third are to the court’s overruling a motion for continuance. The fourth, fifth, and sixth are to the action of the court in overruling motions for new trial and in arrest of judgment, and are not insisted on in the brief filed. The seventh to the twenty-fifth, inclusive, are to the instructions given by the court. The twenty-sixth to the thirtieth, inclusive, are to the refusal of the court to…

2Cases cited5 opinions

  1. Abbott v. TerritorySupreme Court of Oklahoma · 1908
  2. State v. ParkerSupreme Court of Missouri · 1891
  3. Abbott v. TerritoryCourt of Criminal Appeals of Oklahoma · 1908
  4. Garrison v. Territory of OklahomaSupreme Court of Oklahoma · 1904
  5. State v. SullivanSupreme Court of Kansas · 1890

3Cited by13 opinions

  1. Star v. StateCourt of Criminal Appeals of Oklahoma · 1913
  2. Young v. StateCourt of Criminal Appeals of Oklahoma · 1962
  3. Edwards v. StateCourt of Criminal Appeals of Oklahoma · 1913
  4. Hughes v. StateCourt of Criminal Appeals of Oklahoma · 1912
  5. Montgomery v. StateCourt of Criminal Appeals of Oklahoma · 1921

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