Bennefield v. United States
Court of Criminal Appeals of Oklahoma
Appeal from the Uniled Slates Court for Western District of the Indian Territory; Louis Sulzbacher, Judge. Sebe Bennefield was convicted of manslaughter and appealed to the United States Court of Appeals for the Indian Territory, whence the cause was transferred under the Enabling Act, and the Constitution of the state of Oklahoma to the Supreme Court of the state which court transferred the cause to the Criminal Court of Appeals.
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Appeal from the Uniled Slates Court for Western District of the Indian Territory; Louis Sulzbacher, Judge. Sebe Bennefield was convicted of manslaughter and appealed to the United States Court of Appeals for the Indian Territory, whence the cause was transferred under the Enabling Act, and the Constitution of the state of Oklahoma to the Supreme Court of the state which court transferred the cause to the Criminal Court of Appeals. On the 21st' day of February, 1905, Sebe Bennefield (hereinafter called defendant), was indicted in the United States Court for the Western District of the Indian…
1Opinion of the Court
FUEMAN, PRESIDING Judge,
(after stating the facts as above). The motion for a new trial filed in this case is as follows :
‘‘Motion for New Trial. Now comes the above-named defendant bjr his attorneys, Brook & Brook and Walter T. Fears, and moves this court to grant him a new trial in the above styled and numbered cause for the reasons: First, because the verdict is contrary to the law. Second, because the verdict is contrary to the evidence. Third, because the verdict is contrary to the law and evidence. That the court erred in permitting the introduction of the clothes alleged to have been…
2Cases cited3 opinions
- Commonwealth v. TuckerMassachusetts Supreme Judicial Court · 1905
- Head v. StateCourt of Criminal Appeals of Texas · 1899
- On Motion for RehearingCourt of Criminal Appeals of Oklahoma · 1909
3Cited by3 opinions
- Saunders v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Fixico v. StateCourt of Criminal Appeals of Oklahoma · 1987
- Shaw v. StateCourt of Criminal Appeals of Oklahoma · 1912