Foster v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Muskogee county on a charge of robbery with firearms, and sentenced to serve a term of 25 yeárs in the state penitentiary.

The evidence disclosed that J. M. Bates was engaged in the mercantile business at Haskell, and on the night of the commission of the crime charged was sleeping in his store. During the night he heard some one in the building, and discovered a man with a flash light, whom he intercepted. A fullisade followed; the intruder shot Bates, and Bates returned the fire and shot the intruder…