Driggers 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, June 21, 1905. ' B. i<\ Driggers was convicted of murder, and he brings error. The plaintiff in error, B. E. Driggers, with five others, to wit, L. W. Goff, Tom McCarter, Tom Morgan, Ted Bennett, and John Underwood, was on the 13th day of October, 1903, indicted at Ada, in the Southern district, upon a charge of murder. There are four counts in the indictment.
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Error to the United States Court for the Southern District of the Indian Territory; before Justice J. T. .Dickerson, June 21, 1905. ' B. i<\ Driggers was convicted of murder, and he brings error. The plaintiff in error, B. E. Driggers, with five others, to wit, L. W. Goff, Tom McCarter, Tom Morgan, Ted Bennett, and John Underwood, was on the 13th day of October, 1903, indicted at Ada, in the Southern district, upon a charge of murder. There are four counts in the indictment. The first count alleges that plaintiff in error, Driggers, with a certain-Winchester rifle, loaded, etc., did, under…
1Opinion of the CourtCrayton, J.
(after stating the facts as above). In the assignment of errors filed by plaintiff in error there are 25 specifications. The first and second,,, are the usual ones that the verdict is contrary to the law and the evidence. Four of them go to the alleged errors of the court in admitting testimony over the objection of plaintiff in error; 12 go to the action of the court in refusing requested instructions to the jury; 5 to the general charge, and 2 complain of'the overruling of the motion for new trial.
We ivill first consider the question of the competency and admissibiliti'- of the testimony…
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