Shoemaker v. Territory of Oklahoma
Supreme Court of Oklahoma
appeal from the District Court of Kingfisher County. The defendant was, in September, 1894, indicted by the grand jury of Blaine county, Oklahoma, charged with the murder of one Edward H. Townsend on the 28th day of March, 1894. and on his application the venue of the cause was changed to Kingfisher county, where the defendant was convicted, and the punishtaent assessed by the jury and adjudged by the court at imprisonment at hard labor in the penitentiary for life.
1Opinion of the Court
The opinion of the court was delivered by
Bierer, J.:
The appellant has assigned numerous errors for a reversal of the judgment of the district, court, but only two are relied upon by counsel for appel lant in their brief, and only one is necessary for our consideration.
On the question of alibi the court instructed the jury as follows:
“Thirty. The defendant claims as his defense what is known in law, as an alibi, that is, that at the time of the murder with which he is charged was being committed, he was at a different place, so that he could not have participated in its commission.
“Thirty-one.…
2Cases cited2 opinions
- State v. HamiltonSupreme Court of Iowa · 1881
- State v. Chee GongOregon Supreme Court · 1888
3Cited by8 opinions
- Ashinsky v. StateCourt of Criminal Appeals of Oklahoma · 1989
- Weber v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Coleman v. the Territory of OklahomaSupreme Court of Oklahoma · 1897
- State v. WardIdaho Supreme Court · 1918
- Miller v. StateCourt of Criminal Appeals of Oklahoma · 1910
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