Legal Opinion
Gragg v. State
Court of Criminal Appeals of Oklahoma
Decided January 21, 1910No. A-35PublishedCited by 10 opinions
Error from Tillmm County Court; T. E. Campbell, Judge. The plaintiff in error, W. G. Gragg, was tried in the county court of Tillman county on the 5th day of Februaiy, 1908, charged with selling intoxicating liquor. He was convicted and sentenced to imprisonment in the county jail for thirty days and to pay a fine of fifty dollars. The case is before us on appeal. Error confessed by counsel for the state.
1Opinion of the Court
OWEN, Judge.
Counsel to the Governor, and representing the state before this court, has filed his confession of error in this ease, confessing that the trial court erred in the following instruction :
“(3) By the term ‘reasonable doubt’ as used in this instruction is meant a doubt that has a reason for it. It is a doubt that you can give a reason for, and is one which arises from a careful and impartial consideration of all the evidence and which in the graver transactions of life would cause a prudent and reasonable man to hesitate. In other words, it is such a doubt that will leave a juror’s…
2Cases cited5 opinions
- Price v. StateCourt of Criminal Appeals of Oklahoma · 1908
- Caples v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Abbott v. TerritorySupreme Court of Oklahoma · 1908
- Arie v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Abbott v. TerritoryCourt of Criminal Appeals of Oklahoma · 1908
3Cited by10 opinions
- Brown v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Young v. StateCourt of Criminal Appeals of Oklahoma · 1962
- Bell v. StateCourt of Criminal Appeals of Oklahoma · 1962
- Moore v. StateCourt of Criminal Appeals of Oklahoma · 1950
- State v. HarstedWashington Supreme Court · 1911
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