Legal Opinion

Byers v. Territory

Court of Criminal Appeals of Oklahoma

Decided March 15, 1909No. 2177, Okla. TPublished

Error from District Court, Comanche County; F. E. Gillette,Judge. A. N. Byers was convicted of manslaughter, and he brought error to the Supreme Court, whence the cause is transferred to the Criminal Court of Appeals.

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Error from District Court, Comanche County; F. E. Gillette,Judge. A. N. Byers was convicted of manslaughter, and he brought error to the Supreme Court, whence the cause is transferred to the Criminal Court of Appeals. At the August, 1906, term of the district court the grand jury of Kiowa county returned an indictment against the plaintiff in error (hereinafter referred to as the accused), charging that on the 27th day of December, 1904, he committed the crime of murder by taking the life of his wife, Salinda Byers. At the same term of court a change of venue was granted on application of the…

1Opinion of the CourtBaker, Judge

(after stating the facts as above). The accused relies upon the following assignments of error:

“(1) The court erred in admitting certain evidence on behalf of the defendant in error; (2) the court erred in excluding evidence offered by the plaintiff in error; (3) the court erred in its instruction to the jury; (4) the court erred in overruling a motion for a new trial on behalf of the plaintiff in error; (5) the court erred in rendering judgment against the plaintiff in error; (6) the court erred in overruling plaintiff in error’s motion for a new trial on the grounds of newly discovered…

2Cases cited4 opinions

  1. Coyle v. StateCourt of Criminal Appeals of Texas · 1893
  2. Wells v. Territory of OklahomaSupreme Court of Oklahoma · 1904
  3. Allen v. StateCourt of Appeals of Texas · 1887
  4. Flohr Et Ux. v. Territory of OklahomaSupreme Court of Oklahoma · 1907

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