Rasberry v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Lincoln County; B. II. Gaylen, Judge, pro tern. Cyrus Kasberry was convicted of burglary, and he appeals.
Read the full summary
Appeal from District Court, Lincoln County; B. II. Gaylen, Judge, pro tern. Cyrus Kasberry was convicted of burglary, and he appeals. On the 11th day of February, 1908, the grand jury of Lincoln county returned into court an indictment for conjoint robbery against Cyrus Basberry and others (hereinafter called defendants), which indictment is as follows: “State of Oklahoma, County of Lincoln — ss.: “State of Oklahoma, Plaintiff, v. Cyrus Basberry, George Askins, and J. W. Lilly, Defendants. “In the District Court of Lincoln County, Tenth Judicial District, Feb. Term, A. D. 1908. “Indictment…
1Opinion
ON MOTION FOE REHEARING.
Denied January 9, 1911.
PEE CURIAM.
One of the grounds relied upon in the motion for a rehearing is that the record discloses the fact that *635the Hon. W. N. Maben presided over the court in which appellant was tried during part of the time when the testimony was being received and also at the time the verdict was rendered. This objection was not relied upon in the motion for a new trial, and was not incorporated in the petition in error, and was not presented upon appeal when the case was first submitted to this court, and the record fails to show that an objection was…
2Cases cited2 opinions
- Lanphere v. StateWisconsin Supreme Court · 1902
- Hedrick v. BellAppellate Court of Illinois · 1899