Miller v. State
Court of Criminal Appeals of Oklahoma
Error from District 'Court, Pushmataha County; Malcolm E. Rosser, Judge. The plaintiff in error, Davis Miller, was tried in the district court of Pushmataha county on February 8, 1908, on a charge of murder. He was convicted of manslaughter and sentenced to imprisonment for ten years.
1Opinion of the Court
OWEN, Judge.
This is a companion case with that of Nelson v. State, ante, p. 468 (106 Pac. 647). The homicide was the result of wounds inflicted on Sam Wright in a fight in which this defendant and Will Nelson engaged. Many of the objections urged here are identical with and were disposed of in the Nelson Case. In addition to the questions in that case, it is urged here that the court erred in giving the following instruction defining manslaughter :'
“Manslaughter is the unlawfully killing of a human being without malice either express or implied, and without deliberation.”
This is the…
2Cases cited7 opinions
- Felton v. United StatesSupreme Court of the United States · 1877
- State v. PrestonWisconsin Supreme Court · 1874
- Harrison v. StateSupreme Court of Alabama · 1861
- Lewis v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Roberts v. United StatesCourt of Appeals for the Fifth Circuit · 1903
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3Cited by3 opinions
- Williams v. McAdooNew Mexico Supreme Court · 1954
- Miller v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Rice v. BrownCalifornia Court of Appeal · 1951