Boggs v. United States
Supreme Court of Oklahoma
Appeal from the District Court of Pottawatomie Coimty; before £. F. BurweTl, District Judge. STATEMENT OF THE CASE. The defendant was tried at the March term, 1899, on an indictment containing seven counts, charging in as many different ways the same offense: that he secreted, embezzled or destroyed a package containing a registered letter that was being transmitted through the United States mails, and which had come into his possession in the regular course of his official…
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Appeal from the District Court of Pottawatomie Coimty; before £. F. BurweTl, District Judge. STATEMENT OF THE CASE. The defendant was tried at the March term, 1899, on an indictment containing seven counts, charging in as many different ways the same offense: that he secreted, embezzled or destroyed a package containing a registered letter that was being transmitted through the United States mails, and which had come into his possession in the regular course of his official duties as postmaster of Shawnee, Oklahoma Territory To this indictment the defendant filed a motion to set aside, which…
1Dissent
Dissenting opinion by
McAtee, J.:
Our code of criminal procedure provides, sec. 5196, 6th Sub. Statutes of 1893, that: “All instructions given shall be in writing, unless waived by both parties, and shall be filed and become a part of the record in the case.”
It has heretofore been held by this court in Swaggart v. Territory, 6 Okla. 344, that the giving of oral instructions to the jury in a criminal case, without the consent of the defendant, is error; thereby following the decisions made by the supreme court of California, whose code of criminal procedure has been adopted here.
The statement of…
2Cases cited22 opinions
- Hopt v. PeopleSupreme Court of the United States · 1882
- People v. SanfordCalifornia Supreme Court · 1872
- Dixon v. StateSupreme Court of Florida · 1869
- State v. PotterSupreme Court of Kansas · 1875
- Kenworthy v. WilliamsIndiana Supreme Court · 1854
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