Legal Opinion

Weatherholt v. State

Court of Criminal Appeals of Oklahoma

Decided April 5, 1913No. A-1488PublishedCited by 31 opinions

Error from District Court, Ellis County; G. A. Brown, Judge. Harry Weatherholt was convicted of manslaughter in tlie second degree, and brings error.

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Error from District Court, Ellis County; G. A. Brown, Judge. Harry Weatherholt was convicted of manslaughter in tlie second degree, and brings error. The plaintiff in error, hereinafter referred to as the defendant, was convicted of manslaughter in the second degree in the district court of Ellis county on an information filed in said court October 12, 1909, charging him with the murder of Thomas Morgan in said county on the 27th day of July, 1909, and was sentenced to imprisonment in the penitentiary for -a term of three and one-half years. The judgment and sentence was entered October 14,…

1Opinion of the CourtDoyle, J.

(after stating the facts as above). A number of alleged errors in the trial of the case are assigned, which, in so far as they are deemed essential in reviewing the case, will be noted in the order of presentation. The first assignment is the usual one that the court erred in overruling the motion for new trial.

Second. The defendant claims that the court erred in overruling his application for leave to withdraw his plea of “not guilty,” and permit him to file a motion to quash the information on the ground that there was a variance between the complaint and information, in that the former…

2Cases cited13 opinions

  1. Williams v. StateCourt of Criminal Appeals of Oklahoma · 1911
  2. Bilton v. TerritoryCourt of Criminal Appeals of Oklahoma · 1909
  3. Armstrong v. StateCourt of Criminal Appeals of Oklahoma · 1909
  4. Ponoksy v. StateCourt of Criminal Appeals of Oklahoma · 1912
  5. People v. EmmonsCalifornia Court of Appeal · 1908

8 more not listed; retrieve them via the Exa API.

3Cited by31 opinions

  1. Tegeler v. StateCourt of Criminal Appeals of Oklahoma · 1913
  2. Hancock v. TrammellCourt of Appeals for the Tenth Circuit · 2015
  3. Little v. StateCourt of Criminal Appeals of Oklahoma · 1945
  4. Jackson v. StateCourt of Criminal Appeals of Oklahoma · 1947
  5. Horn v. StateCourt of Criminal Appeals of Oklahoma · 1917

26 more not listed; retrieve them via the Exa API.

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