Pickering v. United States
Court of Criminal Appeals of Oklahoma
Error from the United States Court for the Western District of the Indian Territory; William B. Lawrence, Judge. Joe Pickering was convicted under an indictment charging larceny and receiving stolen property, and brought error to the United States 'Court of Appeals in the Indian Territory, whence the cause was transferred.to the Supreme Court of the state of Oklahoma, and by that court to the Criminal Court of Appeals.
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Error from the United States Court for the Western District of the Indian Territory; William B. Lawrence, Judge. Joe Pickering was convicted under an indictment charging larceny and receiving stolen property, and brought error to the United States 'Court of Appeals in the Indian Territory, whence the cause was transferred.to the Supreme Court of the state of Oklahoma, and by that court to the Criminal Court of Appeals. On April 25, 1906, the plaintiff in error, who will be hereinafter referred to as the accused, was indicted in the United States Court for the Western District of the Indian…
1Opinion of the Court
BAKER, Judge,
(after stating the facts as above). The petition in error contains 11 assignments. The eighth assignment complained of the following instructions given by the court below to the jury: »
“If, however, you do not find from the testimony in this case, beyond a reasonable doubt, or the evidence rather, that he stole these mules, or either of them, but that he did receive these mules soon after they were stolen with the knowledge that the property was stolen, or under such facts or circumstances as would cause a reasonably prudent man to believe they were stolen — that is, un der such…
2Cases cited5 opinions
- Slater v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- Underwood v. StateSupreme Court of Alabama · 1882
- Keith v. StateSupreme Court of Arkansas · 1887
- Smith v. StateIndiana Supreme Court · 1877
- Askew v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
3Cited by15 opinions
- Kasle v. United StatesCourt of Appeals for the Sixth Circuit · 1916
- Wertheimer & Goldberg v. StateIndiana Supreme Court · 1929
- Cox v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
- State v. AschenbrennerOregon Supreme Court · 1943
- Weaver v. StateCourt of Criminal Appeals of Oklahoma · 1925
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