Moutry v. State
Court of Criminal Appeals of Oklahoma
Appeal■ from District Court, Muskogee County; R. P. De Graff enreid, Judge. Link Moutry was convicted of manslaughter, and he appeals. The essential facts in this case are not 'disputed, and may be stated in condensed form as follows: In 1896 the appellant, Link Moutry, was married in Texas, to his wife Birdie. They subsequently moved to Oklahoma. Their matrimonial experiences were anything but pleasant, and in June, 1911, Birdie Moutry secured a divorce from appellant.
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Appeal■ from District Court, Muskogee County; R. P. De Graff enreid, Judge. Link Moutry was convicted of manslaughter, and he appeals. The essential facts in this case are not 'disputed, and may be stated in condensed form as follows: In 1896 the appellant, Link Moutry, was married in Texas, to his wife Birdie. They subsequently moved to Oklahoma. Their matrimonial experiences were anything but pleasant, and in June, 1911, Birdie Moutry secured a divorce from appellant. Appellant entertained a feeling of bitter jealousy toward deceased with reference to the supposed relations existing:…
1Opinion of the CourtFurman, J.
(after stating the facts as above). According to the state’s evidence the killing was murder pure and simple. According to the testimony of the defense, it was a case in which the appellant sought the deceased armed with a deadly weapon for the purpose of having a difficulty with him and taking his life. The most that appellant can claim was that the killing occurred in a mutual combat. Owing to the divorce which Birdie Moutry had obtained from her husband appellant had no right to enter her house without her invitation or consent. He had no business there. No matter what relations might have…
2Cases cited6 opinions
- Kent v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Boutcher v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Rollen v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Koozer v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Evans v. StateCourt of Criminal Appeals of Oklahoma · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Irby v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Abby v. StateCourt of Criminal Appeals of Oklahoma · 1941
- Jenkins v. StateCourt of Criminal Appeals of Oklahoma · 1945
- Smith v. StateCourt of Criminal Appeals of Oklahoma · 1923
- Wilkie v. StateCourt of Criminal Appeals of Oklahoma · 1926
8 more not listed; retrieve them via the Exa API.