Boswell v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Cherokee County; John L. Pitchford, Judge. John Boswell was convicted of manslaughter in the first degree, and appeals. It is impossible to give a clear and detailed statement of the testimony in this case. The difficulty in which the homicide was committed took place at a baseball game in Cherokee county.
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Appeal from District Court, Cherokee County; John L. Pitchford, Judge. John Boswell was convicted of manslaughter in the first degree, and appeals. It is impossible to give a clear and detailed statement of the testimony in this case. The difficulty in which the homicide was committed took place at a baseball game in Cherokee county. With the exception of Avis King, the witnesses who testified in the case were all more or less under the influence of intoxicating liquor when the difficulty took place, and their statements are confused. The appellant himself testified that he had taken two…
1Opinion of the CourtFurman, P. J.
(after stating the facts as above). The application for a continuance in this case is altogether insufficient. As to the two absent witnesses, T. S. Williams and P. V. Woodruff, the application does not show when the subpoena was issued, or when or by whom or how it was served upon these witnesses. Neither does it show the residence of the witnesses. The testimony set out in the motion for a continuance was in no manner material. If appellant killed the deceased, the fact that he was also injured would not constitute any defense unless the killing occurred while the appellant was attempting…
2Cited by16 opinions
- Edwards v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Gransden v. StateCourt of Criminal Appeals of Oklahoma · 1916
- Buxton v. StateCourt of Criminal Appeals of Oklahoma · 1914
- Collins v. StateCourt of Criminal Appeals of Oklahoma · 1918
- Dunn v. StateCourt of Criminal Appeals of Oklahoma · 1918
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