Rhea v. Territory
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Canadian County; C. F. Inuin, Judge. William H. Bhea was convicted of manslaughter, and he appeals. At the March term, 1907, of the district court of Canadian county, the grand jury returned an indictment against Wm. B. Bhea, hereinafter called “defendant,” charging him with the murder of Arthur Newall. Said cause was tried at the July term, 1907, of said court, and the defendant was found guilty of manslaughter.
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Appeal from District Court, Canadian County; C. F. Inuin, Judge. William H. Bhea was convicted of manslaughter, and he appeals. At the March term, 1907, of the district court of Canadian county, the grand jury returned an indictment against Wm. B. Bhea, hereinafter called “defendant,” charging him with the murder of Arthur Newall. Said cause was tried at the July term, 1907, of said court, and the defendant was found guilty of manslaughter. A motion for new trial was presented and overruled, and the punishment of the defendant was fixed by the court at 30 years' imprisonment in the…
1Opinion of the Court
TUBMAN, Presiding Judge.
The first assignment of error complains of the action of the trial court in overruling defendant's application for a continuance. Section 4504, Wilson's Rev. & Ann. St. Okla. 1903, is as follows:
“A motion for a continuance, on account of the absence of evidence, can be made only upon affidavit, showing the materiality of the evidence expected to be obtained, and that due diligence has been used to obtain it, and where the evidence may be; and if it is for an absent witness, the affidavit must show where the .witness resides, if his residence is known to the party, and…
2Cases cited9 opinions
- State v. AbramsOregon Supreme Court · 1883
- Reed v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Jones v. Territory of OklahomaSupreme Court of Oklahoma · 1896
- Sargent v. StateCourt of Criminal Appeals of Texas · 1895
- Shaw v. StateCourt of Criminal Appeals of Texas · 1898
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3Cited by35 opinions
- State v. SchantzArizona Supreme Court · 1965
- Brewer v. StateCourt of Criminal Appeals of Oklahoma · 1982
- State v. DennisOregon Supreme Court · 1945
- Young v. StateCourt of Criminal Appeals of Oklahoma · 1962
- Manning v. StateCourt of Criminal Appeals of Oklahoma · 1912
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