Canada v. Territory of Oklahoma

Opinion of the court by

Burwell, J.:

The plaintiff in error was tried in the .district court of Canadian county for the crime of murder,' was found guilty and sentenced to life imprisonment. An appeal has been taken to this court, and a reversal prayed on. several grounds, the first of which is that the indictment is-insufficient. There is no merit in this • contention.

It is contended that the court erred in not instruct-' ing the jury, if the defendant began the difficulty and then-, withdrew from the combat, in good faith, and the deceased followed him up and renewed the fight, and made…