Legal Opinion

Hicks v. United States

Court of Criminal Appeals of Oklahoma

Decided September 7, 1909No. 868, Ind. TPublishedCited by 18 opinions

Appeal from the United States Court for the Western District of the Indian Territory; Louis Sulzbacher, Judge. . Bert Hicks was convicted of larcemg and appeals. On the 5th day of October, 1906, Bert Hicks (hereinafter called defendant) was indicted for the oifense of larceny of a steer. Defendant was arraigned and pleaded not guilty.

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Appeal from the United States Court for the Western District of the Indian Territory; Louis Sulzbacher, Judge. . Bert Hicks was convicted of larcemg and appeals. On the 5th day of October, 1906, Bert Hicks (hereinafter called defendant) was indicted for the oifense of larceny of a steer. Defendant was arraigned and pleaded not guilty. Upon the trial of the case the defendant was convicted, and sentenced to 15 months’ imprisonment in the penitentiary, and- the case is now regularly before us on appeal- . — On court’s intimation of his opinion as to credibility of witness: Thompson on Trials, §…

1Opinion of the Court

FURMAN, PRESIDING- Judge.

First. The prosecution offered two witnesses in chief, viz., Joseph Chamberlain, the owner of the steer alleged to have been stolen, and Fred Narren. The latter witness was the only person who in any manner connected the defendant with the steer. While he was on the witness stand and was being cross-examined, the trial court interrupted the cross-examination and among other things said: “That boy is all right.” At another time the trial court said to the witness, while still on the stand: “After the trial is all over, I want to see you and your father in my room.”…

2Cited by18 opinions

  1. Koontz v. StateCourt of Criminal Appeals of Oklahoma · 1914
  2. Porter v. StateCourt of Criminal Appeals of Oklahoma · 1912
  3. Brownell v. MooreheadSupreme Court of Oklahoma · 1917
  4. Shields v. StateCourt of Criminal Appeals of Oklahoma · 1925
  5. People v. PadgettMichigan Supreme Court · 1943

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