Reed v. State
Court of Criminal Appeals of Oklahoma
Error from District Court, Kiowa County; James R. Tolbert, Judge. Waiter Reed was convicted of manslaughter, and lie brings error. Walter Reed, hereinafter designated “defendant,” was indicted in the district court of Kiowa county, at the January, 1908, term. The indictment charged that on the 18th dajr of September, 1907, the defendant did with malice aforethought kill and murder one Elmer Emmons, by shooting him with a Winchester rifle.
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Error from District Court, Kiowa County; James R. Tolbert, Judge. Waiter Reed was convicted of manslaughter, and lie brings error. Walter Reed, hereinafter designated “defendant,” was indicted in the district court of Kiowa county, at the January, 1908, term. The indictment charged that on the 18th dajr of September, 1907, the defendant did with malice aforethought kill and murder one Elmer Emmons, by shooting him with a Winchester rifle. The defendant was duly arraigned and filed his motion to set aside the indictment and his verified application for an order to take testimony in support of…
1Opinion of the Court
DOYLE, Judge,
(after stating the facts as above). The defendant was indicted for murder, and was tried and convicted of manslaughter in the first degree. The defense was justifiable homicide. The petition sets forth 17 assignments of error, all of , ‘which are argued in the brief. We will consider them and state our conclusions thereon in the order named.
The first assignment is that: “The court erred in overruling the motion to set aside the indictment.” Dnder this assignment it is contended that, as - the crime is charged to have been committed before the adoption of the Constitution, it…
2Cases cited20 opinions
- State v. OrrickSupreme Court of Missouri · 1891
- State v. HowardSupreme Court of Missouri · 1893
- State v. WilsonSupreme Court of Kansas · 1880
- State v. FitzgeraldSupreme Court of Iowa · 1878
- Biemel v. StateWisconsin Supreme Court · 1888
15 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Ex Parte LewisCourt of Criminal Appeals of Oklahoma · 1947
- Saunders v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Irby v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Rhea v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- Fields v. StateCourt of Criminal Appeals of Oklahoma · 1947
27 more not listed; retrieve them via the Exa API.