Legal Opinion

Fooshee v. State

Court of Criminal Appeals of Oklahoma

Decided April 26, 1910No. A-181PublishedCited by 34 opinions

Appeal from District Court, Garter County; Malcolm B. Rosser, Trial Judge. John Fooshee was. convicted of the crime of murder and his punishment assessed at imprisonment in the state penitentiary at hard labor for and during the term of his life. From an order overruling a motion for a new trial, he appeals.

1Opinion of the Court

RICHARDSON, Judge.

The plaintiff in error, hereinafter called the defendant, as ground for a reversal of this cause urges seven assignments of error, which we shall consider seria-tim.

The first is that the lower court erred in overruling the defendant’s motion for a new trial. This assignment is general in form; it is predicated solely on other specific assignments of error, and states a conclusion which could result only from error committed in the trial of the cause and prior to the presentation of the motion for a new trial. Of itself, therefore, this assignment presents no question for…

2Cases cited47 opinions

  1. People v. McNultyCalifornia Supreme Court · 1892
  2. State v. HamlinSupreme Court of Connecticut · 1879
  3. Williams v. StateSupreme Court of Georgia · 1882
  4. Carlock v. CagnacciCalifornia Supreme Court · 1891
  5. People v. PhelanCalifornia Supreme Court · 1899

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

3Cited by34 opinions

  1. Coblentz v. StateCourt of Appeals of Maryland · 1933
  2. Gibbons v. TerritoryCourt of Criminal Appeals of Oklahoma · 1911
  3. State v. WestonOregon Supreme Court · 1921
  4. Hartgraves v. StateCourt of Criminal Appeals of Oklahoma · 1911
  5. Sackett v. RoseSupreme Court of Oklahoma · 1916

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

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