Legal Opinion
Johnson v. State
Court of Criminal Appeals of Oklahoma
Decided February 6, 1911No. A-315PublishedCited by 9 opinions
Appeal from, District Court, Muskogee County; Joan H. King, Judge. Henry Johnson was convicted of manslaughter, and be appeals. Appellant was convicted for manslaughter in the first degree, and his punishment was assessed at imprisonment in the penitentiary for a period of four years, and he appealed. Eeversed and remanded.
1Opinion of the Court
FUEMAN, PRESIDING Judge.
First. Upon the trial of this case, in paragraph 12, the court instructed the jury as follows:
“You are instructed that a person has a right to fight in his necessary self-defense and to take the life of his assailant if he believes in good faith that it is necessary for him to do so, in order to prevent great bodily harm or death at the hands of his assailant; but in such case it must appear to the defendant, viewing the situation from his standpoint at the time, that the danger was so imminent and pressing, that it was necessary for him to act in order to prevent…
2Cases cited8 opinions
- Gillooley v. StateIndiana Supreme Court · 1877
- Von Pollnitz v. StateSupreme Court of Georgia · 1893
- State v. JeffersonSupreme Court of Louisiana · 1891
- Wheeless v. StateSupreme Court of Georgia · 1893
- Johnson v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Midland Valley R. Co. v. LarsonSupreme Court of Oklahoma · 1914
- Updike v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Roe v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Woody v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Anderson v. StateCourt of Criminal Appeals of Oklahoma · 1949
4 more not listed; retrieve them via the Exa API.