Culpepper v. State
Court of Criminal Appeals of Oklahoma
Appeal from the District Court of Tulsa County; L. M. Poe, Judge. J. W. Culpepper .was1 indicted for murder and convicted of manslaughter in the first degree; and he appeals. On “presumption of innocence”; Greenleaf, Evidence (16th Ed.) vol. 1, p. 127; Horn v. Territory, 8 Okla. 52; Coffin v. U. 8., 156 U. S. 432; Com. v. York (Mass.) 43 Am..
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Appeal from the District Court of Tulsa County; L. M. Poe, Judge. J. W. Culpepper .was1 indicted for murder and convicted of manslaughter in the first degree; and he appeals. On “presumption of innocence”; Greenleaf, Evidence (16th Ed.) vol. 1, p. 127; Horn v. Territory, 8 Okla. 52; Coffin v. U. 8., 156 U. S. 432; Com. v. York (Mass.) 43 Am.. Dec. 373; People v. Mougiis, (Cal.) 86 Pac. 191; State v. Hanlon (Mont.) 100 Pac. 1037. On instructions singling out defendant and charging as to his credibility ; Fletcher v. State, 2 Okla. Or. 300; Banks v. State, 2 Okla. Cr. 339. No brief reached the…
1Opinion of the Court
RICHARDSON, Judge.
The first contention in this case is that the verdict was contrary to the evidence. An examination of the evidence discloses that the commission of the homicide by plaintiff in error was proved on the one hand and admitted on the other. His plea was self-defense; and upon this issue the evi- deuce, though conflicting, was amply sufficient to sustain the verdict.
The next assignment of error is predicated upon the action of the court in giving the jury the following instruction:
“You are instructed that the defendant in this case is presumed to be innocent of the crime charged…
2Cases cited24 opinions
- Coffin v. United StatesSupreme Court of the United States · 1895
- Agnew v. United StatesSupreme Court of the United States · 1897
- Sturgis v. StateCourt of Criminal Appeals of Oklahoma · 1909
- People v. MilnerCalifornia Supreme Court · 1898
- Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
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3Cited by55 opinions
- Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
- Pulitzer v. ChapmanSupreme Court of Missouri · 1935
- State v. BesterSupreme Court of Iowa · 1969
- Simmons v. CommonwealthCourt of Appeals of Kentucky · 1924
- Flores v. StateCourt of Criminal Appeals of Oklahoma · 1995
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