Legal Opinion

Litchfield v. State

Court of Criminal Appeals of Oklahoma

Decided September 30, 1912No. A-1338PublishedCited by 32 opinions

Appeal from District Court, Garvin County; R. McMillan, Judge. C. M. Litchfield was convicted of manslaughter in the first degree, and brings error. The following is a condensed statement of the material testimony in the case: Dr. E. E. Norvell testified for the state: That he resided at Wynnewood, Okla., and ivas a physician. That on the 19th day of July, 1910, he was called to s'ee the deceased at the sanitarium at Wynnewood.

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Appeal from District Court, Garvin County; R. McMillan, Judge. C. M. Litchfield was convicted of manslaughter in the first degree, and brings error. The following is a condensed statement of the material testimony in the case: Dr. E. E. Norvell testified for the state: That he resided at Wynnewood, Okla., and ivas a physician. That on the 19th day of July, 1910, he was called to s'ee the deceased at the sanitarium at Wynnewood. That he found three wounds in his body — one wound through the abdomen, one in his breast, and another through his elbow. That the wound through the abdomen was…

1Opinion of the CourtFurman, P. J.

(after stating the facts as above). First. Appellant complains that the action of the trial court in overruling the motion for a continuance was erroneous. It has always been held that a motion for a continuance upon the ground of absent witnesses is addressed to the sound discretion of the trial court; and, unless an abuse of this discretion appears upon an examination of th„e entire record, a judgment of conviction will not be reversed upon appeal. In this case every fact that appellant desired to prove by the absent witness, George Waller, was proven by other witnesses upon the trial of…

2Cases cited9 opinions

  1. Slater v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
  2. Morris v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
  3. Adair v. StateCourt of Criminal Appeals of Oklahoma · 1911
  4. Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. Biggs v. StateSupreme Court of Georgia · 1860

4 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Martin v. StateCourt of Criminal Appeals of Oklahoma · 1950
  2. Fulkerson v. StateCourt of Criminal Appeals of Oklahoma · 1920
  3. State v. GaffneyWashington Supreme Court · 1929
  4. Jones v. StateCourt of Criminal Appeals of Oklahoma · 1913
  5. Riddle v. StateCourt of Criminal Appeals of Oklahoma · 1950

27 more not listed; retrieve them via the Exa API.

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