Cavett v. Territory
Court of Criminal Appeals of Oklahoma
Error from District Cowrt, Pottawatomie County; B. F. Bur-well, Judge. S. C. Cavett was convicted of manslaughter in the second degree, and he brings error. The accused was by the grand jury of Pottawatomie county, Okla., at the September, 1904, term of the district court of said county,.indicted for the crime of murder. Upon being arraigned, he asked for and was given time in which to plead to said indictment.
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Error from District Cowrt, Pottawatomie County; B. F. Bur-well, Judge. S. C. Cavett was convicted of manslaughter in the second degree, and he brings error. The accused was by the grand jury of Pottawatomie county, Okla., at the September, 1904, term of the district court of said county,.indicted for the crime of murder. Upon being arraigned, he asked for and was given time in which to plead to said indictment. On the 4th day of October, 1904, he filed in said court a general demurrer to the sufficiency of the indictment. This demurrer was overruled, to which ruling the accused duly excepted,…
1Opinion of the CourtBaker, Judge
(after stating the facts as above). Complete and instructive briefs were filed on both sides in this case. The accused urges the following assignments of error: First, the court erred in overruling motion for new trial; second, in overruling motion in arrest of judgment; third, in giving erroneous and misleading instructions to the jury; fourth, in overruling demurrer to the indictment; fifth, in not sustaining the motion to quash and set aside the indictment; sixth, in admitting evidence on the part of the territory which is .incompetent, irrelevant, immaterial, and prejudicial to the rights…
2Cases cited9 opinions
- Clawson v. United StatesSupreme Court of the United States · 1885
- United States v. HillU.S. Circuit Court for the District of Virginia · 1809
- Sharp v. United StatesCourt of Appeals for the Eighth Circuit · 1905
- Mackey v. PeopleSupreme Court of Colorado · 1873
- Goodson v. United StatesSupreme Court of Oklahoma · 1898
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Elliott v. MillsCourt of Criminal Appeals of Oklahoma · 1959
- Howard v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Price v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Ex Parte ReniffCourt of Criminal Appeals of Oklahoma · 1939
- Elliott v. MillsCourt of Criminal Appeals of Oklahoma · 1959