Newby v. State
Court of Criminal Appeals of Oklahoma
Appeal from, District Court, Delaware County; John H. Pitchford, Judge. Harry Newberry was convicted of murder and sentenced to life imprisonment, and he appeals.
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Appeal from, District Court, Delaware County; John H. Pitchford, Judge. Harry Newberry was convicted of murder and sentenced to life imprisonment, and he appeals. This an appeal from the district court of Delaware county in an action commenced in said court on the 19th day of March, 1917, by information duly filed by the county attorney of said county, charging the defendant with the murder of one Ben Price by shooting him with a 45 Colt's • revolving pistol on the 18th of December, 1916. Death resulted from a bullet wound in the head, Which entered near the left temple and had its exit above…
1Opinion of the Court
MATSON J.
(after stating the facts as above). Counsel rely almost entirely for a reversal of this judgment upon the ground that it was error under the issues in this case for the trial court to fail and refuse to instruct the jury on the law relative to manslaughter in the first and second degrees, as requested by counsel, to which action proper exception was taken at the time,' and again urged as error in the motion for new trial and in the petition in error filed in this court.
Counsel for the defendant upon this proposition rely upon the decisions of this court, which hold:
“In a prosecution…
2Cases cited12 opinions
- Fritz v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Kent v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Ryan v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Steeley v. StateCourt of Criminal Appeals of Oklahoma · 1920
- Updike v. StateCourt of Criminal Appeals of Oklahoma · 1913
7 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Williamson v. StateCourt of Criminal Appeals of Oklahoma · 1991
- Harrison v. StateCourt of Criminal Appeals of Oklahoma · 1969
- Jones v. StateCourt of Criminal Appeals of Oklahoma · 1976
- Harney v. StateCourt of Criminal Appeals of Oklahoma · 2011
- Sanders v. StateCourt of Criminal Appeals of Oklahoma · 1976
31 more not listed; retrieve them via the Exa API.