Legal Opinion

Payne v. State

Court of Criminal Appeals of Oklahoma

Decided November 22, 1913No. A-1636PublishedCited by 36 opinions

Appeal from District Court, Carter County; S. H. Russell, Judge. Oscar J. Payne was convicted of assault with intent to kill, and appeals.

1Opinion of the CourtDoyle, J.

The information -in this case, after alleging time and place, charges:

“They, the said Oscar J. Payne, Edgar M. Payne and Floyd M. Tindle, did then and there unlawfully, feloniously, intentionally and wrongfully shoot one Will Wyent with a certain firearm, to wit, a pistol, with the unlawful and felonious intent then 'and there thereby to kill and murder him, the said Will Wyent, contrary,” etc.

Upon a separate trial plaintiff in error was found guilty of assault with intent to kill, and his punishment assessed at imprisonment in the penitentiary for a period of five years. »

The evidence shows…

2Cases cited4 opinions

  1. State v. TownsendSupreme Court of Iowa · 1885
  2. Welch v. StateIndiana Supreme Court · 1885
  3. Moore v. PeopleIllinois Supreme Court · 1884
  4. Bates v. StateCourt of Criminal Appeals of Oklahoma · 1912

3Cited by36 opinions

  1. Tarter v. StateCourt of Criminal Appeals of Oklahoma · 1961
  2. Frazier v. StateCourt of Criminal Appeals of Oklahoma · 1980
  3. Pressley v. StateCourt of Criminal Appeals of Oklahoma · 1941
  4. Coffey v. StateCourt of Criminal Appeals of Oklahoma · 1927
  5. Fite v. StateCourt of Criminal Appeals of Oklahoma · 1974

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