Perkins v. Territory of Oklahoma

Opinion of the court by

Burwell, J.:

The defendant was indicted jointly with his wife for the crime of stealing domestic animals. A severance was had/and the defendant placed on trial first. On this trial his wife was the only witness in his behalf. The defendant did not testify.

It was contended by the prosecution that the cattle alleged to have been stolen were found in the defendant’s possession. The county attorney in his closing argument to the jury used the following language:

“Why don’t he explain? Why don’t they attempt to explain away these circumstances ? Why don’t they show you how it…