Thomas v. State

An information was filed in Tulsa county, charging defendant with the crime of assault with a dangerous weapon upon Waite Sixkiller. He was tried, convicted, and sentenced to serve a term of one year in the penitentiary, and has appealed.

Defendant owned and operated a place of business where beer and other soft drinks were sold in the city of Tulsa. The prosecuting, witness, Waite Sixkiller, who was a Creek Indian, came to defendant’s place of business ' on the night of December 31,1937. He was under the influence of intoxicating liquor, and, as witnesses testified, was drunk and boisterous,…