Binyon v. United States
Court Of Appeals Of Indian Territory
Appeal from the United States .Court for the Southern District. Hosea Townsend, Judge. Rufus Binyon, convicted o’f murder. Appeals. Oil December 20, 1900, an indictment, was returned, against the appellant, charging him with the murder of one Mary Hawthorn, a child eight years of age.
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Appeal from the United States .Court for the Southern District. Hosea Townsend, Judge. Rufus Binyon, convicted o’f murder. Appeals. Oil December 20, 1900, an indictment, was returned, against the appellant, charging him with the murder of one Mary Hawthorn, a child eight years of age. There was a motion filed to quash the indictment, which was overruled, but the motion itself, the ground upon which it was predicated, and the proof offered in its support nowhere appear in the record, except in the motion for a new trial. The case was tried to a jury, and on January 15, 1902, a verdict was…
1Opinion of the CourtClayton, J.
The facts, as developed by the proof, were that the defendant is a negro, and lived within the jurisdiction of the court trying the case, and in which district the killing was also done. He was a married man, and he, his wife, and the deceased were living together. The deceased was a colored child about eight years old, and an orphan, living under the care and protection of the defendant. Late in the afternoon of the day of the killing the defendant’s wife went to a neighbor’s house for some sorghum plants. She remained a short time, and returned to her home, but soon afterward came running…
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