Legal Opinion

Brown v. State

Court of Criminal Appeals of Oklahoma

Decided October 2, 1909No. 223PublishedCited by 4 opinions

Appeal from District Court, Kay County; W. M. Bowles, Judge. Ira Brown was convicted of an assault with a deadly weapon, and he appeals. The plaintiff in error, Ira- Brown, was tried and convicted of the offense of assault with a deadly weapon, and upon said conviction was sentenced by the court to serve a term of seven years in the state prison. Front such judgment and sentence he appeals.

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Appeal from District Court, Kay County; W. M. Bowles, Judge. Ira Brown was convicted of an assault with a deadly weapon, and he appeals. The plaintiff in error, Ira- Brown, was tried and convicted of the offense of assault with a deadly weapon, and upon said conviction was sentenced by the court to serve a term of seven years in the state prison. Front such judgment and sentence he appeals. Judge Doyle being of counsel for the defendant in the trial of this cause below, was disqualified to sit in this cause in this court, and the fact having been duly certified to the Governor, as provided…

1Opinion of the Court

BUCKNEE, Seegial Judge,

(after stating the facts as above). The plaintiff in error was prosecuted by indictment for the offense of an assault with a deadly weapon upon the person of one Horton. The statute (Sess. Laws 1901, p. 108, c. 13, art. 1), under which the prosecution was conducted reads as follows:

“Every person who intentionally and wrongfully shoots, shoots at, or attempts to shoot at another, with any kind of firearm, air gun or other means whatever, with intent td kill any person, or who commits any assault and battery upon another by means of any deadly weapon, or by such other…

2Cases cited4 opinions

  1. Drury v. Territory of OklahomaSupreme Court of Oklahoma · 1900
  2. Ratzky v. . the PeopleNew York Court of Appeals · 1864
  3. Evins v. StateSupreme Court of Alabama · 1871
  4. Kopf v. Monroe Stone Co.Michigan Supreme Court · 1903

3Cited by4 opinions

  1. Clemons v. StateCourt of Criminal Appeals of Oklahoma · 1912
  2. Langley v. StateCourt of Criminal Appeals of Oklahoma · 1932
  3. Cude v. StateCourt of Criminal Appeals of Oklahoma · 1929
  4. Martin v. StateCourt of Criminal Appeals of Oklahoma · 1939

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