Byars v. State
Court of Criminal Appeals of Oklahoma
Appeal from Superior Court, Pottazvatomie County; George C. Abernathy, Judge. W. C. Byars was convicted of manslaughter in the first degree, and his punishment assessed at imprisonment in the state penitentiary for fifteen years, and he appeals.
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Appeal from Superior Court, Pottazvatomie County; George C. Abernathy, Judge. W. C. Byars was convicted of manslaughter in the first degree, and his punishment assessed at imprisonment in the state penitentiary for fifteen years, and he appeals. The following is a condensed statement of the material portion of the testimony: J. I. Miller testified for the state that about the 1st of August, 1909, in Pottawatomie county, witness saw the deceased late Sunday afternoon lying on the spring seat in his wagon; that deceased appeared to be shot in the mouth; that there was blood all over his face…
1Opinion of the CourtFurman, P. J.
(after stating the facts as above.) First. Counsel for appellant with great earnestness insist that the verdict of the jury is contrary to the evidence. If the state was bound by the evidence offered by the appellant, and if nothing else could be considered, this contention would be correct, and the killing would not be more than a mere misadventure. But when we come to consider all of the evidence in the record, we think that the testimony' offered by appellant is not only unreasonable, but that it is absolutely incredible.
The first witness for appellant, John Rudell, claimed that the gun…
2Cases cited5 opinions
- Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Ford v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Rhea v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Jones v. Territory of OklahomaSupreme Court of Oklahoma · 1896
- Morgan v. Territory of OklahomaSupreme Court of Oklahoma · 1906
3Cited by16 opinions
- Fritz v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Duncan v. StateCourt of Criminal Appeals of Oklahoma · 1914
- Turner v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Clark v. StateCourt of Criminal Appeals of Oklahoma · 1937
- Agent v. StateCourt of Criminal Appeals of Oklahoma · 1920
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