Legal Opinion

Bauer v. State

Court of Criminal Appeals of Oklahoma

Decided February 28, 1910No. A-59PublishedCited by 6 opinions

Error from District Court, Washita County; James B. Tolbert, Judge. Tlie plaintiff in error, Otto Bauer, was tried at the June term, 1908, in the district court of Washita county, on a charge of asault with intent to kill. He was convicted of assault to do bodily harm. The case is before us on appeal. — Citing: 21 A. & E. Ene.

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Error from District Court, Washita County; James B. Tolbert, Judge. Tlie plaintiff in error, Otto Bauer, was tried at the June term, 1908, in the district court of Washita county, on a charge of asault with intent to kill. He was convicted of assault to do bodily harm. The case is before us on appeal. — Citing: 21 A. & E. Ene. L. 224; State v. Hawley (Conn.) 37 Atl. 420; Keith v. State (Ind.) 61 N. E. 719; State v. Laque (La.) 6 South. 787; Woolfollc v. State (Ga.) 8 South. 724; State v. May (Mo.) 43 S. W. 637.

1Opinion of the Court

OWEN, Judge.

The assignments of error urged are directed to the actions of the trial court in admitting, over the objection of the defendant, proof of threats made by Lee Southworth, and a portion of the intructions given by the court.

The facts disclosed by the record are, briefly: The person on whom the assault was made was the marshal of the town of Cordell. lie had had trouble, at various times, with the defendant, and also with Lee Southworth, who was a brother-in-law of the defendant. Several months prior to the assault in this ease, Southworth had made threats against the marshal. On the…

2Cases cited5 opinions

  1. State v. PorterOregon Supreme Court · 1897
  2. Floyd v. PerrinSupreme Court of South Carolina · 1888
  3. State v. MaySupreme Court of Missouri · 1897
  4. Keith v. StateIndiana Supreme Court · 1901
  5. State v. HawleySupreme Court of Connecticut · 1893

3Cited by6 opinions

  1. Ake v. StateCourt of Criminal Appeals of Oklahoma · 1983
  2. Nichols v. StateCourt of Criminal Appeals of Oklahoma · 1913
  3. Coker v. StateCourt of Criminal Appeals of Oklahoma · 1924
  4. Carter v. StateCourt of Criminal Appeals of Oklahoma · 1915
  5. Wright v. CiesCourt of Civil Appeals of Oklahoma · 1982

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