Legal Opinion

Havill v. United States

Court of Criminal Appeals of Oklahoma

Decided April 10, 1911No. A-65PublishedCited by 12 opinions

Appeal from District Court, McOurtain County; D. A. Bichard-son, Judge. Jean Havill was convicted of manslaughter, and he appeals. Plaintiff in error, Jean Havill, was indicted in the Hnited States court for the Central district of the Indian Territory at the September term, 1907. The indictment charged that the defendant on the 28th day of August, 1907, within said district, shot and killed one Joe Christopher.

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Appeal from District Court, McOurtain County; D. A. Bichard-son, Judge. Jean Havill was convicted of manslaughter, and he appeals. Plaintiff in error, Jean Havill, was indicted in the Hnited States court for the Central district of the Indian Territory at the September term, 1907. The indictment charged that the defendant on the 28th day of August, 1907, within said district, shot and killed one Joe Christopher. Hpon a trial in the district court of MeCurtain county, to which court the case was transferred after statehood, the jury by their verdict found the defendant guilty of manslaughter,…

1Opinion of the CourtDoyle, Judge

(after stating the facts as above). Counsel for plaintiff in error in their brief state:

“We have elected to reserve only two propositions for the consideration of this court. They may be thus stated: The defendant having been placed upon his trial in a court of competent jurisdiction, before a jury regularly drawn, impaneled, and sworn, and the trial of his case begun, he was entitled to have the trial proceed, and that upon the failure of the state to prove a case against him he then and there became entitled to his discharge, and, this right having been once acquired, he was entitled to the…

2Cases cited18 opinions

  1. Reynolds v. United StatesSupreme Court of the United States · 1879
  2. Logan v. United StatesSupreme Court of the United States · 1892
  3. Miles v. United StatesSupreme Court of the United States · 1881
  4. Hickory v. United StatesSupreme Court of the United States · 1894
  5. Clinton v. EnglebrechtSupreme Court of the United States · 1872

13 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Scribner v. StateCourt of Criminal Appeals of Oklahoma · 1913
  2. Pate v. StateCourt of Criminal Appeals of Oklahoma · 1961
  3. Denton v. StateCourt of Criminal Appeals of Oklahoma · 1935
  4. Fairris v. StateCourt of Criminal Appeals of Oklahoma · 1955
  5. McKee v. StateCourt of Criminal Appeals of Oklahoma · 1927

7 more not listed; retrieve them via the Exa API.

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