Legal Opinion

O'Barr v. United States

Court of Criminal Appeals of Oklahoma

Decided December 18, 1909No. 310PublishedCited by 7 opinions

Error from District. Court, Le Flore County; Malcolm E. Rosser, Judge. George O’Barr was convicted of manslaughter on an indictment for murder, and he brings error. On definition of manslaughter: Eev. St. IT. S., sec. 5341; Wharton on Homicide, sec. Ill, and cases cited; Brown v. U. 8. (Ind.

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Error from District. Court, Le Flore County; Malcolm E. Rosser, Judge. George O’Barr was convicted of manslaughter on an indictment for murder, and he brings error. On definition of manslaughter: Eev. St. IT. S., sec. 5341; Wharton on Homicide, sec. Ill, and cases cited; Brown v. U. 8. (Ind. T.) 52 S. W. 56; Territory v. Baca, (N. Mex.) 71 Pac. 460, and cases cited; Roberts v. U. S., 126 Fed. 897; U. 8. v. Meagher, 37 Fed. 880. On improper argument of prosecuting attorney: Dunmore v. State (Ala.) 22 South. 541; State v. Thompson, (La.) 30 South. 895; Long v. State, - (Miss.) 33 South. 224;…

1Opinion of the Court

OWEN, Judge.

The proof on part of the state, in substance, is to the effect: That the defendant was a married man with a family of children. The deceased, who was a girl between 17 and 18 years of age, on the day of the shooting, met the defendant by appointment away from home, got into his buggy, and they were -driving over the country at the time of the shooting. That defendant had, at different times during the day, given her whisky. That he had been in her company on the night before at a church house and had there given her whisky. She was found in his buggy on the roadside with a gunshot…

2Cases cited16 opinions

  1. Felton v. United StatesSupreme Court of the United States · 1877
  2. State v. PrestonWisconsin Supreme Court · 1874
  3. Flesh v. LindsaySupreme Court of Missouri · 1893
  4. Martin v. StateMississippi Supreme Court · 1886
  5. York v. CommonwealthCourt of Appeals of Kentucky · 1884

11 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Miller v. StateCourt of Criminal Appeals of Oklahoma · 1913
  2. Koontz v. WhitneyWest Virginia Supreme Court · 1930
  3. Gibson v. PayneOregon Supreme Court · 1916
  4. Thomas v. StateCourt of Criminal Appeals of Oklahoma · 1926
  5. Miller v. StateCourt of Criminal Appeals of Oklahoma · 1910

2 more not listed; retrieve them via the Exa API.

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