Franks v. State

The plaintiff in error, Fred Franks, was convicted in the district court of Tulsa county at the December, 1910, term on a charge of assault with intent to kill.

When the case was called for trial, the accused filed the following motion for continuance:

“Fred Franks, being first duly sworn, on his oath says: That he is the defendant in the above-entitled cause. That in said cause he is charged with the crime of assault with intent to kill one Geo. Eoff, and that one of the defenses therein will be self-defense, and the material issue therein will be whether or not the defendant was assailed or…