Legal Opinion

Dooling v. State

Court of Criminal Appeals of Oklahoma

Decided February 11, 1910No. 243PublishedCited by 9 opinions

Error, from District Court, Choctaw County■; D. A.. Richar.d-son, Judge. Ed. Dóoling and W. N. Campbell, the plaintiffs in error here, who were the defendants in the trial court, were tried at the March term of the district court of Choctaw county, charged with assault with intent to kill. - They were convicted of assault to inflict bodily harm, and sentenced to imprisonment in the territorial prison at Lansing, Kan., at hard labor for a term of two years and six months, and…

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Error, from District Court, Choctaw County■; D. A.. Richar.d-son, Judge. Ed. Dóoling and W. N. Campbell, the plaintiffs in error here, who were the defendants in the trial court, were tried at the March term of the district court of Choctaw county, charged with assault with intent to kill. - They were convicted of assault to inflict bodily harm, and sentenced to imprisonment in the territorial prison at Lansing, Kan., at hard labor for a term of two years and six months, and to pay the cost of the prosecution. The ease is before us on appeal. — Citing: Stale v. Foutch (Tenn.) 34 S. W. 423;…

1Opinion of the Court

OWEN, Judge.

It is fair in the outset to' saj^ that the attorneys appearing for the defendants here did not conduct the trial in the lower court. In their brief filed' they urge four assignments of error.

The first of these is the action of the trial court in refusing to allow the defendants, upon demand of a severance, to elect which defendant should be placed upon trial first. We find that the record fails to disclose any exception on the part of the defendants . to the ruling of the court on this proposition. The record discloses that a motion for severance was filed and by the court…

2Cases cited6 opinions

  1. Fletcher v. StateCourt of Criminal Appeals of Oklahoma · 1909
  2. Hendrix v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
  3. Green v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
  4. Reed v. United StatesCourt of Criminal Appeals of Oklahoma · 1909
  5. Howard v. StateCourt of Criminal Appeals of Oklahoma · 1909

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

3Cited by9 opinions

  1. Kennamer v. StateCourt of Criminal Appeals of Oklahoma · 1936
  2. Maddox v. StateCourt of Criminal Appeals of Oklahoma · 1916
  3. Brownell v. MooreheadSupreme Court of Oklahoma · 1917
  4. Carroll v. StateCourt of Criminal Appeals of Oklahoma · 1923
  5. Holleman v. StateCourt of Criminal Appeals of Oklahoma · 1942

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

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