Alberty v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Wagoner County; R. P. de Graffenried, Judge. Jesse Alberty was convicted of murder, and appeals. Plaintiff in error, herein referred to as the defendant, was convicted in the district court of Wagoner county upon an information for murder, and was awarded the death penalty by the jury. In accordance with the verdict, on February 19, 1913, the court rendered judgment, and sentenced the defendant to be hanged.
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Appeal from District Court, Wagoner County; R. P. de Graffenried, Judge. Jesse Alberty was convicted of murder, and appeals. Plaintiff in error, herein referred to as the defendant, was convicted in the district court of Wagoner county upon an information for murder, and was awarded the death penalty by the jury. In accordance with the verdict, on February 19, 1913, the court rendered judgment, and sentenced the defendant to be hanged. To reverse the judgment, an appeal was perfected. The count of the information on which the defendant was tried and convicted charges that the defendant, Jesse…
1Opinion of the CourtDoyle, J.
(after stating the facts as above). There is no dispute as to the facts and circumstances of the homicide. The theory of the defense was excusable homicide on the ground of insanity, and the sole question presented on this appeal arises upon the refusal of the court to give the following instruction:
“You are instructed that the law presumes that every person is sane, and it is not necessary for the state to introduce
evidence of sanity in the first instance. When, however, any evidence has been introduced tending to prove insanity of an accused, the burden is then upon the state to establish…
2Cases cited4 opinions
- Rooney v. North DakotaSupreme Court of the United States · 1905
- Henry v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Adair v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Lilly v. StateCourt of Criminal Appeals of Oklahoma · 1912
3Cited by34 opinions
- Salazar v. StateCourt of Criminal Appeals of Oklahoma · 1993
- Kennamer v. StateCourt of Criminal Appeals of Oklahoma · 1936
- State v. MataNebraska Supreme Court · 2008
- Dare v. StateCourt of Criminal Appeals of Oklahoma · 1963
- Berryman v. StateCourt of Criminal Appeals of Oklahoma · 1955
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