Atchison v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Canadian County; John J. Carney, Judge. David Atchison was convicted of murder, and be appeals. David Atchison, plaintiff in error (hereinafter designated the “defendant”), was indicted in the district court of Canadian county on the 17th day of December, 1908, for the murder of Duel Anderson.
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Appeal from District Court, Canadian County; John J. Carney, Judge. David Atchison was convicted of murder, and be appeals. David Atchison, plaintiff in error (hereinafter designated the “defendant”), was indicted in the district court of Canadian county on the 17th day of December, 1908, for the murder of Duel Anderson. Upon arraignment a plea of not guilty was interposed, Said cause came on for trial March 1, 1909. The jury returned a verdict finding the defendant guilty of murder, and assessed his- punishment at imprisonment for life at hard labor. A motion for new trial having been filed…
1Opinion of the CourtDoyle, Judge
(after stating the facts as above). On the-morning of the 19th day of October, A. D. 1908, about 9 o’clock, Kuel Anderson was shot and killed by the defendant, David Atchi-son. At the time deceased was shot, he was near the back door of' the house in which the defendant lived. He was shot with buckshot; the charge entering the back of his neck. His neck was-broken, and death was instantaneous. It is very clear from the-evidence, and the physical indications at the place of the killing-showed convincingly, that the defendant, when he fired the fatal shot, was waiting with a formed design to…
2Cases cited1 opinion
- Cannon v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
3Cited by14 opinions
- Irby v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Inklebarger v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Roberts v. StateCourt of Criminal Appeals of Oklahoma · 1946
- Foreman v. StateCourt of Criminal Appeals of Oklahoma · 1927
- Sargent v. StateCourt of Criminal Appeals of Oklahoma · 1973
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