Bennefield v. United States
Court of Criminal Appeals of Oklahoma
Appeal from the Uniled Slates Court for Western District of the Indian Territory; Louis Sulzbacher, Judge. Sebe Bennefield was convicted of manslaughter and appealed to the United States Court of Appeals for the Indian Territory, whence the cause was transferred under the Enabling Act, and the Constitution of the state of Oklahoma to the Supreme Court of the state which court transferred the cause to the Criminal Court of Appeals.
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Appeal from the Uniled Slates Court for Western District of the Indian Territory; Louis Sulzbacher, Judge. Sebe Bennefield was convicted of manslaughter and appealed to the United States Court of Appeals for the Indian Territory, whence the cause was transferred under the Enabling Act, and the Constitution of the state of Oklahoma to the Supreme Court of the state which court transferred the cause to the Criminal Court of Appeals. On the 21st' day of February, 1905, Sebe Bennefield (hereinafter called defendant), was indicted in the United States Court for the Western District of the Indian…
1Opinion
ON Motion eoR Rehearing.
(Syllabus by the Court.) O. T. Smith and Brook & Brook, for appellant. Charles West, Atty. Gen., and Charles L. Moore, Asst. Atty. Gen., for the United States. PER CURIAM.
The appellant in due time filed his motion for rehearing, alleging:
“(1) That the plaintiff believes that the court committed er-rer to his prejudice in its first finding, because in it the record was incomplete and failed to include the instructions excepted to, we think that certiorari should have issued to bring up a more -perfect record, and that plaintiff should not be the sufferer because of the…
2Cases cited1 opinion
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