Legal Opinion

Driggers v. United States

Supreme Court of Oklahoma

Decided May 13, 1908No. 675, Ind. TPublishedCited by 15 opinions

Appeal from. the United States Court for the Southern District of the Indian Territory, at Pauls Valley; before J. T. DicJcerson, Judge. B. F. Driggers was convicted of murder, and brings error.

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Appeal from. the United States Court for the Southern District of the Indian Territory, at Pauls Valley; before J. T. DicJcerson, Judge. B. F. Driggers was convicted of murder, and brings error. October 3, 1903, the grand jury of the United States Court for the Southern District of Indian Territory returned its indictment, charging B. F. Driggers, Tom McCarter, John Underwood, and Ted Bennett, with the murder of Robert G. Brady, and L. W. Goff as a,principal, in the second degree as to each of them. Goff was placed on trial at Ada; and after his conviction, the venue was changed, for the…

1Opinion of the CourtDuNN, J.

(after stating the facts as above): From the conclusion to which the court has come, that it will be necessary to reverse the case and grant to defendant a new trial, we will note the assignments of error only which in the new trial granted will be liable to again arise.

The first and second assignments of error, made by appellant, are the usual ones, that the verdict was contrary to the' law and the evidence. The third assignment of error is an averment that:

“The court erred in permitting the government witness, Kelley, to testify, over the objection of defendant, to a conversation between…

2Cases cited46 opinions

  1. Stanley v. GadsbySupreme Court of the United States · 1836
  2. State v. Exum.Supreme Court of North Carolina · 1905
  3. State v. GrantSupreme Court of Missouri · 1883
  4. State v. McDanielSupreme Court of South Carolina · 1904
  5. Robb v. Hackley & WeltonNew York Supreme Court · 1840

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3Cited by15 opinions

  1. State v. CopelandOregon Supreme Court · 2013
  2. Cudjoe v. StateCourt of Criminal Appeals of Oklahoma · 1916
  3. Weatherholt v. StateCourt of Criminal Appeals of Oklahoma · 1913
  4. Newsom v. StateAlabama Court of Appeals · 1916
  5. Utt v. StateCourt of Criminal Appeals of Oklahoma · 1979

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