Legal Opinion

Payton v. State

Court of Criminal Appeals of Oklahoma

Decided November 23, 1910No. A-111PublishedCited by 11 opinions

Appeal from District Gourl, Aloha County; A. T. West, Judge. The defendant was convicted for the, crime of stealing hogs and sentenced to one year’s imprisonment in the penitentiary, and appealed.

1Opinion of the Court

EITRMAN, Presiding Judge.

1. The court did not err in refusing to advise the jury to find the defendant not guilty. But as this case will have to be reversed, we deem it improper to discuss the evidence.

2. Upon the trial of this case there was a square conflict in the evidence. The testimony for the state tended to sustain the charge contained in the indictment. The defendant and his witnesses testified that the defendant had purchased the hogs in question in good faith from one Daniel Webster.' The court instructed the jury with reference to the law applicable to the evidence for the state,…

2Cited by11 opinions

  1. McIntosh v. StateCourt of Criminal Appeals of Oklahoma · 1912
  2. Skelley v. StateCourt of Criminal Appeals of Oklahoma · 1938
  3. Phelps v. StateCourt of Criminal Appeals of Oklahoma · 1938
  4. Crittenden v. StateCourt of Criminal Appeals of Oklahoma · 1917
  5. Linde v. StateCourt of Criminal Appeals of Oklahoma · 1937

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