Legal Opinion

Green v. United States

Court of Criminal Appeals of Oklahoma

Decided February 15, 1909No. 593, Ind. TPublishedCited by 1 opinion

On petition for rehearing. The appellant, George W. Green, was indicted for the murder of Martin Liston within the 'Central District of the Indian Territory. The trial was had in the United States District Court at Atoka, Indian Territory, and on October 20, 1904, he was found guilty of murder without capital punishment. On October 24, 1904, defendant filed a motion for a new trial, which motion was overruled.

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On petition for rehearing. The appellant, George W. Green, was indicted for the murder of Martin Liston within the 'Central District of the Indian Territory. The trial was had in the United States District Court at Atoka, Indian Territory, and on October 20, 1904, he was found guilty of murder without capital punishment. On October 24, 1904, defendant filed a motion for a new trial, which motion was overruled. On November 1, 1904, defendant was sentenced to imprisonment for life in the federal penitentiary. The case was then taken by writ of error to the United States Court of Appeals for the…

1Opinion of the Court

PEE CURIAM.

In the trial of this cause harmful error was committed, both in the charge of the court and in the improper exclusion of testimony. We will, however, at this time withhold discussion of the various assignments of error, in order that counsel may have an opportunity further to argue the ease, if they so desire.

The motion for a rehearing will be sustained.

[See opinion following. — Rep.]

2Cited by1 opinion

  1. Clark v. StateCourt of Criminal Appeals of Oklahoma · 1910

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