Adair v. State
Court of Criminal Appeals of Oklahoma
Appeal from District Court, Johnston County; A. T. West, Judge. Lon Adair was tried for murder and convicted of manslaughter in the first degree, and was sentenced to serve a term of ten years’ imprisonment. From the judgment and sentence, he appeals.
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Appeal from District Court, Johnston County; A. T. West, Judge. Lon Adair was tried for murder and convicted of manslaughter in the first degree, and was sentenced to serve a term of ten years’ imprisonment. From the judgment and sentence, he appeals. Plaintiff in error (hereinafter designated the defendant) was by information charged with the murder of one Bud Davis, in Johnston county, on March 3, 1909. That the defendant, a white man, shot and killed Bud Davis, a negro, was admitted. It appears from the evidence that on the Sunday evening prior to the shooting, the father-in-law of the…
1Opinion of the CourtDoyle, J.
(after stating the facts as above). The principal question presented arises upon the assignments' of error based upon instructions given to the jury upon the defense of insanity, and the refusal to give an instruction upon that defense requested on behalf of the defendant.
On the defense of insanity, the court instructed the jury in part as follows:
“Insanity once established is presumed to continue until the contrary is proven. The presumption of the continuance, however, applies only to cases of chronic or confirmed nature. This does not hold good in cases of occasional or intermittent…
2Cases cited34 opinions
- Davis v. United StatesSupreme Court of the United States · 1895
- People v. GarbuttMichigan Supreme Court · 1868
- State v. StrasburgWashington Supreme Court · 1910
- Brotherton v. . the PeopleNew York Court of Appeals · 1878
- Armstrong v. StateSupreme Court of Florida · 1892
29 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Kennamer v. StateCourt of Criminal Appeals of Oklahoma · 1936
- Dare v. StateCourt of Criminal Appeals of Oklahoma · 1963
- Alberty v. StateCourt of Criminal Appeals of Oklahoma · 1914
- Litchfield v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Ex Parte GilbertCourt of Criminal Appeals of Oklahoma · 1941
26 more not listed; retrieve them via the Exa API.