Jewell v. Territory of Oklahoma

The opinion of the court was delivered by

BüRPORD, J.:

The appellant was tried in the district court of Woodward county for the murder of one James McQ-ninn, in the month of October, 1894. The jury returned a verdict of guilty of murder and assessed the punishment at death. Motions for new trial and in arrest of judgment were made and overruled, and the court sentenced the appellant to be hanged. Appeal was prayed and execution of sentence stayed pending appeal.

The indictment is in three counts, and in order to a better understanding of the questions herein involved, we set out the same in…