Starr v. United States
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. B. D. Starr was convicted of murder, and appeals.
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Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. B. D. Starr was convicted of murder, and appeals. Defendant, appellant here, was convicted of murder without capital punishment, in the United States court for the Southern District of the Indian Territory, on the 10th day of April 1902. Defendant filed his motion in arrest of judgment on April 21, 1902, which motion was overruled by the court, the defendant excepting, and on April 26, 1902, defendant filed his motion for a new trial, which motion is as follows: “The defendant, B. D. Starr, asks the court to…
1Opinion of the Court
Gill, G. J.
We have examined the record upon the first assignment of error — that the court erred in refusing to grant appellant a continuance — and do not think that the court erred therein, as it was in his discretion, and the appellant had had one continuance on the ground of the absence of this testimony, and we find no error in his refusal to grant the continuance prayed.
The second assignment of error is that the court erred in •charging the jury. We have examined the court's instructions, and there is no doubt but that the instructions as given by the court embody the law as it now…
2Cases cited1 opinion
- Stokes v. StateSupreme Court of Arkansas · 1902
3Cited by5 opinions
- Saunders v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Cochran v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Merchants National Bank v. NeesIndiana Court of Appeals · 1915
- Ridenour v. StateCourt of Criminal Appeals of Oklahoma · 1951
- Slaughter v. United StatesCourt Of Appeals Of Indian Territory · 1904