Mulkey v. State
Court of Criminal Appeals of Oklahoma
Appeal from, District Cowrt, Garter County; Stihmll H. Russell, Judge. John Mulkey was convicted of manslaughter, and he appeals.
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Appeal from, District Cowrt, Garter County; Stihmll H. Russell, Judge. John Mulkey was convicted of manslaughter, and he appeals. John Mulkey was indicted for the murder of Dennis Lawson, alleged to have been committed on the 4th day of December, 1908. On the 21st day of December, the defendant was placed upon trial, and on the 23d day of December, 1908, the jury returned their verdict finding the defendant guilty of manslaughter in the first degree and requesting the court to assess the punishment. He was sentenced to confinement in the penitentiary at hard labor for a term of 10 years. A…
1Opinion of the Court
.DOYLE, Judge
(after stating the facts as aboye.) The petition in error is voluminous, covering 30 printed pages, and alleges 43 assignments of error, Whether the homicide was murder, manslaughter in the first degree, or justifiable in self-defense is, in bur view -of the record, a very close question. The jury by their verdict said it was manslaughter in the first degree, and their determination would not be disturbed without error of law. But the fact that the question of guilt is so close makes it very important that the trial should be free from error of law. TJpon a careful examination of…
2Cases cited25 opinions
- Hurd v. PeopleMichigan Supreme Court · 1872
- Horbach v. StateTexas Supreme Court · 1875
- Vickers v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- Bateson v. StateCourt of Criminal Appeals of Texas · 1904
- Boyle v. StateIndiana Supreme Court · 1884
20 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Davis v. StateCourt of Criminal Appeals of Oklahoma · 2011
- Hathcox v. StateCourt of Criminal Appeals of Oklahoma · 1951
- Murphy v. StateCourt of Criminal Appeals of Oklahoma · 1941
- Morris v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Sweet v. StateCourt of Criminal Appeals of Oklahoma · 1940
46 more not listed; retrieve them via the Exa API.