Legal Opinion

Smith v. State

Court of Criminal Appeals of Oklahoma

Decided September 29, 1917No. A-2709PublishedCited by 14 opinions

Appeal from District Court, Bryan County; Jesse M. Hatchett, Judge. Cale Smith was convicted of murder, and he appeals. Cale Smith was convicted in the district court of Bryan county for the crime of murder, and his punishment assessed at imprisonment in the state penitentiary' for life. He was convicted of killing one Newt Carriker near the town of Bokchito.

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Appeal from District Court, Bryan County; Jesse M. Hatchett, Judge. Cale Smith was convicted of murder, and he appeals. Cale Smith was convicted in the district court of Bryan county for the crime of murder, and his punishment assessed at imprisonment in the state penitentiary' for life. He was convicted of killing one Newt Carriker near the town of Bokchito. The killing occurred on the premises of the defendant and his widowed sister, Mrs. Addie Moffett, who had been living together in a two-room house near the rear of which was a smokehouse which had been used by the defendant as a kitchen.…

1Opinion of the CourtMatson, J.

(after stating the facts as above). Among other things, it is contended that the trial court erred in excluding certain relevant and competent evidence offered by the defendant to his prejudice.

The evidence referred to, according to the offers of proof thereof, .related entirely to certain alleged threats made by the deceased against the defendant and other alleged misconduct on the part of deceased against the defendant, which, it is claimed, was competent to go to the jury, because at the time' of the homicide the defendant claims that he was in imminent danger of death or great bodily harm…

2Cases cited23 opinions

  1. Holt v. United StatesSupreme Court of the United States · 1910
  2. Spies v. IllinoisSupreme Court of the United States · 1887
  3. Turner v. StateCourt of Criminal Appeals of Oklahoma · 1910
  4. Morris v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
  5. Pritchett v. StateSupreme Court of Alabama · 1853

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

3Cited by14 opinions

  1. Murphy v. StateCourt of Criminal Appeals of Oklahoma · 1941
  2. Goodwin v. Continental Casualty Co.Supreme Court of Oklahoma · 1935
  3. Agent v. StateCourt of Criminal Appeals of Oklahoma · 1920
  4. Smith v. StateCourt of Criminal Appeals of Oklahoma · 1919
  5. Stanfield v. StateCourt of Criminal Appeals of Oklahoma · 1925

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

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