Davis v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Stephens County; Frank M. Bailey, Judge. H. C. Davis was convicted of larceny of a hog, and appeals. On May 25, 1911, there was filed in the district court of Stephens county an information, charging the defendant with the theft in Stephens county, on or about the 5th day of March, of a hog, the property of J. Paschal. The case was called for trial on the 8th day of November, and the defendant filed a motion for a continuance, which was overruled.
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Appeal from District Court, Stephens County; Frank M. Bailey, Judge. H. C. Davis was convicted of larceny of a hog, and appeals. On May 25, 1911, there was filed in the district court of Stephens county an information, charging the defendant with the theft in Stephens county, on or about the 5th day of March, of a hog, the property of J. Paschal. The case was called for trial on the 8th day of November, and the defendant filed a motion for a continuance, which was overruled. His trial resulted in a verdict of guilty, and his punishment was assessed at confinement in the penitentiary for the…
1Opinion of the CourtDoyle, J.
(after stating the facts as above). Three assignments of error are relied on for a reversal of the judgment: First, that the court erred in overruling the motion of the defendant for a continuance on account of the absence of a material witness; second, that the evidence is insufficient to support the verdict; third, that the court erred in its instructions to the jury. We shall determine these questions in the order named.
The application for continuance is supported by two affidavits. The first sets forth:
“That he is unable to proceed to trial at this time for want of material evidence, to…
2Cases cited1 opinion
- Wainscott v. StateCourt of Criminal Appeals of Oklahoma · 1913
3Cited by28 opinions
- Cudjoe v. StateCourt of Criminal Appeals of Oklahoma · 1916
- Queen v. StateCourt of Criminal Appeals of Oklahoma · 1922
- Gorum v. StateCourt of Criminal Appeals of Oklahoma · 1939
- Prather v. StateCourt of Criminal Appeals of Oklahoma · 1918
- Collins v. StateCourt of Criminal Appeals of Oklahoma · 1918
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