Russell v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Noble County; W. M. Bowles, Judge. •George Riussell was convicted- of statutory rape, and he appeals.
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Appeal from District Court, Noble County; W. M. Bowles, Judge. •George Riussell was convicted- of statutory rape, and he appeals. On the 11th day of January, 1916, Blanche De Roin, a female under the age of 16 years, gave birth to a male child at the home of the niece of this defendant near War-rensburg, in the state of Missouri, to which place the defendant had taken the said Blanche De Roin in the month of September, 1915. After the birth of the child, he was adopted by a man named Smith, who lived in the neighborhood of Warrensburg. Prior to the happening of the foregoing events, the…
1Opinion of the CourtMatson, J.
(after stating the facts as above). It is first contended that the trial court erjjed in giving to the jury the following instruction:
“Gentlemen of the jury, you are instructed that a person charged with a crime shall, at his own request, but not otherwise, be a competent witness, and his failure to make such request, or take the stand in. his own behalf, shall not create any presumption against him, nor be mentioned on the trial.”
While there is indorsed on the instruction:
“Excepted to by defendant. Exception allowed. W. M. Bowles, Judge ”
—it is proper in considering this assignment of error…
2Cases cited25 opinions
- Sturgis v. StateCourt of Criminal Appeals of Oklahoma · 1909
- Stouse v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. OgdenOregon Supreme Court · 1901
- People v. MayesCalifornia Supreme Court · 1896
- Fowler v. StateCourt of Criminal Appeals of Oklahoma · 1912
20 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Green v. StateCourt of Criminal Appeals of Oklahoma · 1940
- Dunbar v. StateCourt of Criminal Appeals of Oklahoma · 1942
- Inman v. StateCourt of Criminal Appeals of Oklahoma · 1922
- Ray v. StateCourt of Criminal Appeals of Oklahoma · 1926
- Pierce v. StateCourt of Criminal Appeals of Oklahoma · 1963
32 more not listed; retrieve them via the Exa API.