McHugh v. Territory of Oklahoma
Supreme Court of Oklahoma
Error from the District Court of Kiowa County; beford F‘. E. Gillette, Trial Judge. STATEMENT OF FACTS. This is an indictment charging the defendant with the crime of an assault with intent to kill, returned by the grand, jury of the district court of Kiowa county, Oklahoma Territory, on tbe 8th day of September, 1904, being one of the regular days of a regular term of the court, charging that the defendant committed said assault upon one James L. Horton, in Kiowa county,…
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Error from the District Court of Kiowa County; beford F‘. E. Gillette, Trial Judge. STATEMENT OF FACTS. This is an indictment charging the defendant with the crime of an assault with intent to kill, returned by the grand, jury of the district court of Kiowa county, Oklahoma Territory, on tbe 8th day of September, 1904, being one of the regular days of a regular term of the court, charging that the defendant committed said assault upon one James L. Horton, in Kiowa county, Oklahoma Territory on the 28th day of March, 1904. On the 7th day of April, 1905,'defen-dant filed a demurrer to the…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
A reversal of this case is asked for on three grounds, the first being that the indictment is not sufficient. The charging part of the indictment is as follows:
“Ed. C. McHugh, then and there being, in and upon the body of one James L. Horton, unlawfully, wrongfully, intentionally and feloniously did make assault; and the said Ed. C. McHugh with the intent then and there unlawfully, wrongfully, intentionally and feloniously, to kill and murder James L. Horton, did then and there, on the date aforesaid, with a certain firearm, to-wit: a revolving pistol loaded…
2Cases cited7 opinions
- Campbell v. PeopleIllinois Supreme Court · 1854
- Heatley v. Territory of OklahomaSupreme Court of Oklahoma · 1904
- State v. BrownSupreme Court of Kansas · 1879
- State v. GrahamSupreme Court of Iowa · 1883
- Enlow v. StateIndiana Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rogers v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Deen v. StateCourt of Criminal Appeals of Oklahoma · 1912
- McKenzie v. StateCourt of Criminal Appeals of Oklahoma · 1926
- Flynt v. StateCourt of Criminal Appeals of Oklahoma · 1950
- Handley v. StateCourt of Criminal Appeals of Oklahoma · 1940
1 more not listed; retrieve them via the Exa API.