Roberts v. Territory of Oklahoma
Supreme Court of Oklahoma
Error from the District Court of Custer County; before John C. Tarsney, District Judge. George Roberts was convicted of burglary, and brings error. Reversed. This was a trial upon an indictment for burglary in the second degree.. It appeared from the evidence that the defendant, Roberts, in company with his brother, Bert Roberts, and one Dick Shriver, had raised a window and entered the saloon of one Ben Bullard.
1Opinion of the Court
Opinion of the court by
McAtee, J.:
One of the grounds stated in the motion for a new trial was that the court had committed error upon the trial of the cause, and that the verdict of the jury was contrary to the law and the evidence. The action of the court here complained of was upon a demurrer to the testimony introduced by the prosecution upon the ground that it did not prove the guilt of the defendant, and because the witness, Ben Bullard, who owns the building, and the goods in the building, charged in the indictment, had made and entered into an ■agreement with one Dick Shriver to bring…
2Cases cited1 opinion
- People v. McCordMichigan Supreme Court · 1889
3Cited by5 opinions
- Finley v. StateCourt of Criminal Appeals of Oklahoma · 1947
- Adams v. StateAlabama Court of Appeals · 1915
- Shouquette v. StateCourt of Criminal Appeals of Oklahoma · 1923
- Rider v. StateCourt of Criminal Appeals of Oklahoma · 1932
- Wooten v. StateCourt of Criminal Appeals of Oklahoma · 1940