Bainum v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Okfuskee county on a charge of murder and was sentenced to life imprisonment.

The theory of the state is that defendant, with Wesley Harrison, Alton Purdy, and Asa Pendleton, acting together in the nighttime, burglarized a warehouse of the Okemah Wholesale Grocery Company at Okemah, and, while committing the burglary, some one of the party shot and killed C. E. Ryan, a night watchman.

The record discloses that the most damaging evidence was that of George Burch and members of his family. Burch was 76…