Clampitt v. United States
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Central District of the Indian Territory; before Justice W. H. H. Clayton, February 29, 1904. Charles Clampitt was convicted of larceny, and he appeals. Appellant was indicted in the Central district of Indian Territory on October 11, 1902, and charged with the larceny ■of a calf, the property of "C. R. Thompson.
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Appeal from the United States Court for the Central District of the Indian Territory; before Justice W. H. H. Clayton, February 29, 1904. Charles Clampitt was convicted of larceny, and he appeals. Appellant was indicted in the Central district of Indian Territory on October 11, 1902, and charged with the larceny ■of a calf, the property of "C. R. Thompson. For this offense he was tried on February 10, 1903, and on February 11, 1903, the jury found a verdict of guilty as charged in the indictment. ■Qn February 17th motion for a new trial by defendant was overruled and exception duly taken, and…
1Opinion of the CourtGill, J.
(after stating the facts). The first assignment of error is as follows: “The court erred in overruling the objection of the defendant to certain evidence offered by the prosecution, and in permitting the evidence to go to the jury, to which action of the court the defendant duly excepted.” The evidence shows that the defendant, who was a married man, was living with his mother and some of his brothers on 3, place about five miles north of Coalgate, and that the mother of the boys and defendant owned cattle which ran in and about the place; they using the same mark or brand, except that the…
Also in this document: Concurrence.
2Cases cited2 opinions
- Thurman v. StateSupreme Court of Arkansas · 1891
- Oxier v. United StatesCourt Of Appeals Of Indian Territory · 1896
3Cited by3 opinions
- State v. HedgpethSupreme Court of Missouri · 1925
- Hendrix v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
- Vaughn v. United StatesCourt of Appeals for the Ninth Circuit · 1921