Bradley v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Cleveland county of the crime of larceny of chickens in the nighttime, and his punishment fixed at imprisonment in the state penitentiary for four years. Motion for new trial was filed, overruled, and exceptions saved, and the cause is now on appeal in this court.

The defendant complains, that the court erred in refusing to sustain the demurrer of the defendant to the state’s evidence. There is really no such thing as a demurrer to the evidence in a criminal case in Oklahoma. When the state rests, if…