Roberts v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Pottawatomie County; Roy Hoffman, Judge. Charles D. Roberts was convicted of an assault, and appeals. Judgment was pronounced in the district court of Pottawatomie county against appellant for' an assault and battery with a deadly weapon, and his punishment was assessed at five years’ confinement in the penitentiary.
1Opinion of the CourtFurman, P. J.
The record in this case is voluminous, covering nearly 700 pages. Owing to the disposition which we think should be made of the case, it is not necessary to state the evidence in full or go into a discussion of all of the questions raised. Suffice it to say that there is a square conflict in the evidence. The testimony for the state, if accepted by the jury, makes out a case of assault with a deadly weapon committed by appellant. Appellant does not deny that an assault was in fact committed, but his defense was that the assault was made by another person other than appellant. The state’s case…
2Cases cited3 opinions
- Rogers v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Henry v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Gilbert v. StateCourt of Criminal Appeals of Oklahoma · 1912