Legal Opinion

Gilbert v. State

Court of Criminal Appeals of Oklahoma

Decided November 18, 1912No. A-1216PublishedCited by 5 opinions

Appeal from District Court,. Caddo County; Frank M. Bailey1 Judge. Ben Gilbert was convicted of grand larceny, and appeals. Appellant was convicted in the district court of CaddO' county for the offense of grand larceny, and his punishment was assessed by the jury at confinement in the penitentiary for the period of one year and six months.

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Appeal from District Court,. Caddo County; Frank M. Bailey1 Judge. Ben Gilbert was convicted of grand larceny, and appeals. Appellant was convicted in the district court of CaddO' county for the offense of grand larceny, and his punishment was assessed by the jury at confinement in the penitentiary for the period of one year and six months. Oliver Young testified for the state that he resided about two and a half miles from Gracemont and resided there in 1909; that on the 20th day of December of that year witness went to Lincoln county, Oída.; he left some hogs in a pen; his hogs were left in…

1Opinion of the CourtFurman, P. J.

(after stating the facts as above). First. Appellant complains of the action of the court in sustaining a challenge for cause to the juror Steve Hardesty. It appears that one of the witnesses for. the prosecution was an alleged accomplice of appellant in the commission of the crime charged. The state’s attorney was endeavoring to find out as to whether this fact would influence the jury in finding a verdict of guilty, even although the testimony of the accomplice might be corroborated by other evidence. The record on this subject in part is as follows:

“Q. Are you opposed to the state using a…

2Cases cited4 opinions

  1. Henry v. StateCourt of Criminal Appeals of Oklahoma · 1911
  2. George v. PilcherSupreme Court of Virginia · 1877
  3. State v. . CherrySupreme Court of North Carolina · 1869
  4. Newton v. JacksonSupreme Court of Alabama · 1853

3Cited by5 opinions

  1. Rogers v. StateCourt of Criminal Appeals of Oklahoma · 1912
  2. Kirby v. StateCourt of Criminal Appeals of Oklahoma · 1923
  3. Williams v. StateCourt of Criminal Appeals of Oklahoma · 1913
  4. Smith v. StateCourt of Criminal Appeals of Oklahoma · 1922
  5. Roberts v. StateCourt of Criminal Appeals of Oklahoma · 1912

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