Tubby v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Carter County; W. F. Freeman, Judge. William Tubby was convicted of murder, and his punishment fixed at death, and he appeals.
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Appeal from District Court, Carter County; W. F. Freeman, Judge. William Tubby was convicted of murder, and his punishment fixed at death, and he appeals. William Tubby, a Mississippi Choctaw Indian, together with one Jim Stribbling, another such Indian, were jointly informed against in the district court of Carter ccrunty, charged with the murder of one Matt Hooper, which was alleged to have occurred in that county on or about the 15th day of February, 1918. A severance of trial was asked by the defendants, and the state elected to try William Tubby first. His trial resulted in a conviction…
1Opinion of the CourtMatson, J.
While numerous errors are assigned as grounds for a reversal of this judgment of conviction, in view of the disposition made by the court of this appeal, it is only necessary to discuss one of such grounds.
The principle is well established in this jurisdiction that it is error for the trial court to fail and refuse to instruct on the law applicable to a theory of the defense which the evidence tends to support when the defendant requests it. Crittenden v. State, 13 Okla. Cr. 351, 164 Pac. 675, and cases cited in the body of that opinion.
In this case the court limited the jury to a…
2Cases cited2 opinions
- Cheadle v. StateCourt of Criminal Appeals of Oklahoma · 1915
- Crittenden v. StateCourt of Criminal Appeals of Oklahoma · 1917
3Cited by9 opinions
- Igo v. StateCourt of Criminal Appeals of Oklahoma · 1954
- Choate v. StateCourt of Criminal Appeals of Oklahoma · 1921
- Skelley v. StateCourt of Criminal Appeals of Oklahoma · 1938
- Carle v. StateCourt of Criminal Appeals of Oklahoma · 1926
- Pusley v. StateCourt of Criminal Appeals of Oklahoma · 1922
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