Legal Opinion

Creek v. State

Court of Criminal Appeals of Oklahoma

Decided November 8, 1919No. A-3174PublishedCited by 11 opinions

Appeal from District Court, OJcmulgee County; R. P. deGraffenreid, Assigned-Judge. Carl Creek was convicted of manslaughter in the first degree, his punishment fixed at 15 years’ imprisonment in the state penitentiary, and he appeals. E'arl Kelly was shot and killed by Carl Creek at the latter’s apartment in the town of Morris, Okmulgee county, Okla.,*on the 25th day of March, 1916, at about 4 o’clock in the afternoon.

Read the full summary

Appeal from District Court, OJcmulgee County; R. P. deGraffenreid, Assigned-Judge. Carl Creek was convicted of manslaughter in the first degree, his punishment fixed at 15 years’ imprisonment in the state penitentiary, and he appeals. E'arl Kelly was shot and killed by Carl Creek at the latter’s apartment in the town of Morris, Okmulgee county, Okla.,*on the 25th day of March, 1916, at about 4 o’clock in the afternoon. The killing was accomplished by means of a 32-caliber automatic pistol, the defendant firing about five shots at the deceased, inflicting mortal wounds on the left side of the…

1Opinion of the CourtMatson, J.

(after stating the facts as above.) The first alleged error relied upon for a reversal relates to the admission of incompetent, irrelevant, and immaterial testimony elicited on the cross-examination of the defendant, . over the objection and exception of counsel for the defendant. The defendant was cross-examined at some length in regard to escaping on two different occasions from the county jail after he had been arrested and charged with this offense. ' It is contended that to permit such a cross-examination was prejudicial to the substantial rights of-the defendant, and improper because…

2Cases cited10 opinions

  1. Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
  2. Hopkins v. StateCourt of Criminal Appeals of Oklahoma · 1913
  3. Manning v. StateCourt of Criminal Appeals of Oklahoma · 1912
  4. Ryan v. StateCourt of Criminal Appeals of Oklahoma · 1913
  5. Harrold v. Territory of OklahomaSupreme Court of Oklahoma · 1907

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Kennamer v. StateCourt of Criminal Appeals of Oklahoma · 1936
  2. Fields v. StateCourt of Criminal Appeals of Oklahoma · 1947
  3. Janeway v. StateCourt of Criminal Appeals of Oklahoma · 1937
  4. Davis v. StateCourt of Criminal Appeals of Oklahoma · 1926
  5. Cherry v. StateCourt of Criminal Appeals of Oklahoma · 1975

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API