Loudenback v. Territory of Oklahoma

Opinion of the court by

Burwell, J.:

The defendant, Ella Loudenback, was indicted and tried for murder, and convicted of manslaughter in the second degree.

It is first insisted that the indictment fails to charge the crime of murder. The offense is charged in two counts, and it is clear that the second count of the indictment is insufficient to charge murder, and it is doubtful if the first would stand the test, when measured by the law applicable thereto. Neither of the counts charges manslaughter in the first degree. The language used purports to charge murder, and the theory of the…