Oklahoma Criminal Reports; Cases Determined in the Criminal Court of Appeals of the State of Oklahoma Volume 10. Professor Howard Parker
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ...state-ment? and the strength of the evidence supporting the convic-tion will be considered. The evidence in this case is that the defendant, without any provocation, deliberately shot the deceased, and, not satisfied with this, he stepped up to the prostrate form of his victim and shot him a second time. The evidence proved beyond all reasonable doubt that the homicide was murder. There was no room for even a probability that it was manslaughter in the first degree, nor was there any evidence fairly raising, or tending to raise, the issue of self-defense. We would not have reversed the judg-ment if the court had omitted to charge upon the issue of man-slaughter in the first degree, because in our opinion the facts of the case did not demand that this issue be submitted. The defendant, without excuse, unjustifiably, with a premeditated design to kill and murder, shot and killed Levi Davis. The jury in mercy, or in charity for the weakness of human kind, or possibly through a mistaken view of the law, lessened his crime to manslaughter in the first degree, and he should be satisfied with his conviction for the lesser ofifense. A careful examination of the whole case leads to the conclusion that no error has been committed, to the defendant's prejudice. The judgment is therefore affirmed. ARMSTRONG, P. _T., and FURMAN, ., concur. HOMIGIDI'---Appea1--Record. In:1 prosecution for murder, the defendants were convicted of manslaughter in the first degree. Held, that no reversible error was eominitted upon the trial. Appeal from District Court, Hughes Comzty; John Carutlzcrs, Judge. Daniel Narcome and jim Franks were convicted of manslaughter, and appeal. Affirmed. Chas. H/est, Atty. Gen., Smith C. Maison, Asst. Atty. Gen., and Joseph..
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