Hinsley v. United States
Court of Criminal Appeals of Oklahoma
Error from the United States Court for the Central District of the Indian Territory; before Justice Thomas C. Humphrey. Arthur Hinsley was convicted of manslaughter, and appeals.
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Error from the United States Court for the Central District of the Indian Territory; before Justice Thomas C. Humphrey. Arthur Hinsley was convicted of manslaughter, and appeals. Appellant, Arthur Hinsley, was indicted in the United States court for the Central district, Indian Territory, sitting at Durant, which indictment was duly returned by the grand jury and filed in said court on the 15th day of November, 1905, .wherein said appellant was charged with having on the 6th day of November, 1905, within said district, committed the crime of murder, in the killing of Clarence Schwartz. On the…
1Opinion of the CourtBaker, Judge
(after stating the facts as above). In harmony with the decisions of appellate courts generally, this court reluctantly disturbs the verdict of a jury upon the ground that the verdict is not supported by, and is contrary to, the evidence. This court will not set aside a verdict where there is a substantial conflict in the evidence. But, when there is no such conflict,, and where there is an absence of evidence to support the verdict, it is the duty of this court to set aside the verdict. It is not the purpose of this court to invade the province of the jury in the determination of questions…
2Cited by2 opinions
- Cude v. StateCourt of Criminal Appeals of Oklahoma · 1929
- Dees v. StateCourt of Criminal Appeals of Oklahoma · 1945