Legal Opinion

Hendrix v. United States

Court of Criminal Appeals of Oklahoma

Decided April 10, 1909No. 845. Ind. TPublishedCited by 20 opinions

Error from the United States Court for the Central District of the Indian Territory; Thomas G. Humphrey, Judge. John Hendrix was convicted of larceny and brought error to the United States Court of Appeals, 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 Central District of the Indian Territory; Thomas G. Humphrey, Judge. John Hendrix was convicted of larceny and brought error to the United States Court of Appeals, whence the cause was transferred to the Supreme Court of the State of Oklahoma and by that court to the Criminal Court of Appeals. John Hendrix, who will hereafter be referred to as the accused, was indicted in the United States Court for the Central District of Indian Territory, sitting at Atoka, on the 3d day of October, 1906, charged with having on the 19th day of August, 1906,…

1Opinion of the Court

BAKER, Judge,

(after stating the facts as above). The accused alleges in his assignment of errors:(1) That the court erred in overruling his motion for a new trial; there not being sufficient evidence in this action to warrant a conviction. >(2) The court erred in refusing to instruct the jury as follows:

“No. 1. In this case the prosecution seeks the conviction of the defendant by what is known in law as' ‘circumstantial evidence5, and you are instructed that, before you would- be warranted in convicting the defendant, you must find beyond a reasonable doubt the facts upon which the…

2Cases cited4 opinions

  1. Meredeth v. PeopleIllinois Supreme Court · 1877
  2. Brown v. StateTexas Supreme Court · 1859
  3. Williams v. StateSupreme Court of Georgia · 1878
  4. Clampitt v. United StatesCourt Of Appeals Of Indian Territory · 1905

3Cited by20 opinions

  1. Brown v. StateCourt of Criminal Appeals of Oklahoma · 1913
  2. Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
  3. Star v. StateCourt of Criminal Appeals of Oklahoma · 1913
  4. Price v. StateCourt of Criminal Appeals of Oklahoma · 1913
  5. May v. StateSupreme Court of Florida · 1925

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