Legal Opinion

Noel v. State

Court of Criminal Appeals of Oklahoma

Decided August 17, 1918No. A-2968PublishedCited by 5 opinions

Appeal from District Court, MeCurtain County; C. E. Dudley, Judge. Jim Noel was convicted of the crime of conjoint- robbery, and his. punishment assessed at imprisonment in the state penitentiary for a term of ten years, and he appeals.

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Appeal from District Court, MeCurtain County; C. E. Dudley, Judge. Jim Noel was convicted of the crime of conjoint- robbery, and his. punishment assessed at imprisonment in the state penitentiary for a term of ten years, and he appeals. Plaintiff in error, together with one Earl Holman, were jointly indicted for the crime of robbery committed by them on the 21st day of May, 1914, in that they did “unlawfully, willfully, and feloniously and wrongfully and by means of force and fear take from the possession of J. M; Beasley, and against his will, the sum of $1,800 lawful money of the United…

1Opinion of the CourtMatson, J.

(after stating the facts as above). It is first contended by counsel for plaintiff in error that the court erred in refusing to give a peremptory instruction to the jury to return a verdict of not guilty. In this connection it is contended that there is no showing in the record that any amount of money was taken from the person or the immediate presence of J. M. Beasley. We think the evidence in this respect is sufficient to have authorized the jury to reach the conclusion that the person-robbed was J. M. Beasley, the cashier of the bank of Mil-lerton. We quote from the record as follows:

L.…

2Cases cited5 opinions

  1. Howey v. StateCourt of Criminal Appeals of Oklahoma · 1913
  2. Benson v. StateCourt of Criminal Appeals of Oklahoma · 1913
  3. Harrison v. StateCourt of Criminal Appeals of Oklahoma · 1913
  4. Harper v. StateCourt of Criminal Appeals of Oklahoma · 1912
  5. Drew v. StateCourt of Criminal Appeals of Oklahoma · 1911

3Cited by5 opinions

  1. Ryal v. StateCourt of Criminal Appeals of Oklahoma · 1919
  2. McKenzie v. StateCourt of Criminal Appeals of Oklahoma · 1926
  3. Stilwell v. StateCourt of Criminal Appeals of Oklahoma · 1920
  4. Sellers v. StateCourt of Criminal Appeals of Oklahoma · 1924
  5. Waller v. StateCourt of Criminal Appeals of Oklahoma · 1921

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