Legal Opinion

Buck v. Territory

Court of Criminal Appeals of Oklahoma

Decided January 11, 1909No. 2171, Okla. TPublishedCited by 16 opinions

Appeal from District Court, Woods County; T. L. Pancoast, Judge. Frank Buck was convicted of larceny, and appeals. On the 5th day of December, 1906, Frank-Buck (hereinafter called defendant) was found guilty in the district court of Woods county, Okla., upon an indictment wherein defendant was charged with the larceny of domestic animals, and was sentenced by the court to six years’ imprisonment in the territorial prison.

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Appeal from District Court, Woods County; T. L. Pancoast, Judge. Frank Buck was convicted of larceny, and appeals. On the 5th day of December, 1906, Frank-Buck (hereinafter called defendant) was found guilty in the district court of Woods county, Okla., upon an indictment wherein defendant was charged with the larceny of domestic animals, and was sentenced by the court to six years’ imprisonment in the territorial prison. Defendant^filed a motion for a new trial, which was overruled by the court; to which defendant duly excepted. An appeal was taken to the Supreme Court of Oklahoma Territory.…

1Opinion of the CourtFurman, Presiding Judge

(after stating the' facts as above). First. One ground relied upon by the defendant to secure a reversal of the conviction in this case is the allegation that he was prejudiced by improper remarks made by the county attorney in his closing argument to the jury. It is the privilege and duty of counsel for the defense whenever the prosecuting attorney goes out of the record and makes improper remarks calculated to prejudice the defendant, to promptly interpose an objection thereto and move the court to exclude the remarks so made and instruct the jury that they are improper and must not be…

2Cases cited16 opinions

  1. Van Stone v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
  2. People v. ShearsCalifornia Supreme Court · 1901
  3. Commonwealth v. MeserveMassachusetts Supreme Judicial Court · 1891
  4. State v. ReganWashington Supreme Court · 1894
  5. Curry v. PorterMassachusetts Supreme Judicial Court · 1878

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3Cited by16 opinions

  1. Moody v. StateCourt of Criminal Appeals of Oklahoma · 1917
  2. Killough v. StateCourt of Criminal Appeals of Oklahoma · 1911
  3. Bilton v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
  4. Wood v. StateCourt of Criminal Appeals of Oklahoma · 1910
  5. Daves v. StateCourt of Criminal Appeals of Oklahoma · 1943

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

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