Carney v. United States
Court Of Appeals Of Indian Territory
Error to the United States Court for the Southern District of the Indian Territory; before Justice J. T. Dickerson, March 2, 1900. Barney Carney was convicted of manslaughter, añd brings error. Plaintiff in error at the February term, 1904, of the United States Court of the Southern District of Indian Territory, at Ada, was indicted for the murder of Caddo Gordon, and was on the 27th 'day of February, 1905, convicted of manslaughter and' sentenced to the penitentiary at Ft.
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Error to the United States Court for the Southern District of the Indian Territory; before Justice J. T. Dickerson, March 2, 1900. Barney Carney was convicted of manslaughter, añd brings error. Plaintiff in error at the February term, 1904, of the United States Court of the Southern District of Indian Territory, at Ada, was indicted for the murder of Caddo Gordon, and was on the 27th 'day of February, 1905, convicted of manslaughter and' sentenced to the penitentiary at Ft. Leavenworth, Kan., for five years and fined $100, from which sentence he appealed, execution being suspended upon his…
1Opinion of the CourtGill, C. J.
The evidence in the case is to the effect: That plaintiff in error had been drinking to intoxication, and, while going along the road with a friend, came upon one Caddo Gordon, with whom he had acquaintance, and that he shot and killed Caddo Gordon. Before he came upon Gordon he had a pistol out and had been shooting it, while his friend *249had a Winchester and had been shooting it. That as they came upon Gordon his friend told him to put his revolver up, and that he reached to put the revolver in his pocket, when it was shot off, resulting in Gordon’s death. Defendant says there was no motive…
2Cases cited1 opinion
- Taylor v. United StatesCourt Of Appeals Of Indian Territory · 1906
3Cited by1 opinion
- Miller v. StateCourt of Criminal Appeals of Oklahoma · 1913