Tyner v. United States
Court of Criminal Appeals of Oklahoma
Error from the United States Court for the Northern District of the Indian Territory: Joseph A. Qitl, Judge. ■ Frayser Tyner was convicted of assault with intent to kill, and he brings error.
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Error from the United States Court for the Northern District of the Indian Territory: Joseph A. Qitl, Judge. ■ Frayser Tyner was convicted of assault with intent to kill, and he brings error. The plaintiff in error was tried and convicted in the United States court in the Northern district of the Indian Territory, at Claremore, on the 28th day of November, 1906, on indictment charging him with assault with intent to kill Harvey King, his punishment fixed by the jury at imprisonment at hard labor for one year. From that judgment lie appealed to the United States Court of Appeals at' South…
1Opinion of the Court
OWEN, Judge,
(after stating the facts as above). The plaintiff in error, hereinafter referred to as the. defendant, assigns 21 errors committed by the trial court. Counsel in their brief filed in this case consolidate these assignments, and argue them under seven general assignments.
First, it is contended that the court erred in refusing to give instruction No. 1, requested by the defendant, as follows:
“The court instructs you that, before you will be warranted in finding the defendant guilty, the government must prove to your minds beyond a reasonable doubt sufficient facts to constitute the…
2Cases cited12 opinions
- McManus v. StateSupreme Court of Alabama · 1860
- Commonwealth v. MinkMassachusetts Supreme Judicial Court · 1877
- Lacefield v. StateSupreme Court of Arkansas · 1879
- Jewell v. Territory of OklahomaSupreme Court of Oklahoma · 1896
- Siberry v. StateIndiana Supreme Court · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lowrey v. StateCourt of Criminal Appeals of Oklahoma · 1948
- Fry v. StateCourt of Criminal Appeals of Oklahoma · 1950
- Wood v. StateCourt of Criminal Appeals of Oklahoma · 1971
- Pamplin v. StateCourt of Criminal Appeals of Oklahoma · 1922
- Hodges v. StateCourt of Criminal Appeals of Oklahoma · 1938
5 more not listed; retrieve them via the Exa API.