Barker v. Territory of Oklahoma

Opinion of the court by

Burwell, J.:

The appellant, Elisha P. Barker, was convicted of manslaughter in the first degree for the killing of one Charles Birlew, and was sentenced to serve a term of twenty-five years in the territorial penitentiary. The indictment purports to charge the defendant with the crime of murder, but it is insisted that it neither charges murder nor manslaughter in the first degree, sufficiently to sustain a judgment and sentence therefor. Hence a correct determination of the questions raised by the appeal necessitates an examination of the language of the indictment, and…