Cain v. State

The plaintiff in error, hereinafter called defendant, was charged in the district court of Hughes county with the crime of murder, was convicted of manslaughter in the first degree, and his punishment fixed at four years in the state penitentiary.

Only one assignment of error is argued in the brief; that is, that the evidence is insufficient to sustain the judgment.

The record discloses a state of facts about as follows: Both the defendant and deceased are full-blood Creek Indians between the ages of 25 and 30 years. On the date of the homicide, defendant, his brother, and one Mitchell Hill…