Volume 16 — Oklahoma Criminal Reports

<p> Appeal from District Court, Stephens County; Cham Jones, Judge. </p> <p>Hattie Holcomb was convicted of murder, and she appeals.</p>

Norman, Special Judge. A. R. Lay and Jim Whitten were found guilty of the crime of larceny of live stock, and each sentenced to serve a period of two years’ confinement in the state penitentiary, and they appeal.

F. Broum, Judge. F. E. Pitt was convicted of the crime of champerty, and sentenced to serve a term of six months in the county jail and to pay a fine of $500, and he appeals.

Zwick, Judge. Joe Proctor, R. A. Waller, and Will Steamboat were jointly tried and convicted of a violation of the prohibitory liquor laws, and they appeal.

D. M.' Martindale was convicted of the crime of indirect contempt of court, and his punishment assessed at a fine of $1,000 and imprisonment in the county jail for a period of six months, and he appeals. Plaintiff in error, D. M. Martindale, a practicing attorney at-law of the bar of Tulsa county, Okla., was found guilty in the district court of Tulsa county of the crime of indirect contempt, and sentenced to pay a fine of $1,000 and to serve six months in the county jail.

<p>INTOXICATING LIQUORS — Second Violation of Prohibitory Law-Sufficiency of Evidence. The entire record in 'this case carefully read and considered, and the evidence found — though in conflict and somewhat circumstantial — sufficient to reasonably support the verdict of the jury, and that no prejudicial error intervened in the trial of the case.</p>

<p> Appeal from District Court, Stephens County; Cham Jones, Judge. </p> <p>Bill Browder was convicted of a second violation of the prohibitory liquor law, and he. appeals.</p>

<p>JURY — Additional Jurors — Summons. It is not prejudicial error, when it is necessary to secure additional jurors for the trial of causes which are on call, for the court to order such additional jurors as he thinks proper to he drawn by the clerk and sheriff from the regular jury box of the county, and the jurors so drawn to be summoned by the sheriff.</p> <p>TRIAL — Requested Instructions — Given Instructions. Where the instructions as a whole correctly state the law of a case, it is not prejudicial error to refuse requested instructions which are covered by the general instructions given.</p> <p>WITNESSES — Cross-Examination — Discrediting Prior Statement — Motive. Cross-examination • of defendant which tends to discredit his statements on direct examination, and which tends also to deevlop a motive on his part for the killing with which lie is charged, is proper.</p> <p>4. Record — Error. The entire record in this case fully considered, and found free from error.</p>

McKeown, Judge. Walter Williams was convicted of a felony, and sentenced to serve a term of confinement in the state penitentiary for the term oif one year and one day, and he appeals.

H. Zwick, Judge. Webb High was convicted of the crime of unlawful possession of intoxicating liquors, and sentenced to pay a fine of $150 and to serve 90 days’ imprisonment in the county jail, and he appeals.

<p> Appeal from Superior Court, Muskogee County; H. C. Thurman, Judge. </p> <p>S.- H. Pate was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

<p>INTOXICATING LIQUORS — Unlawful Transportation — Sufficiency of Evidence. In a prosecution for unlawfully conveying intoxicating liquor, tlie evidence lield sufficient to sustain verdict and judgment of conviction.</p>

<p>TRIAL — Argument—Defendant’s Failure to Testify — Mandatory Statute —New Trial. Tbe Code of Criminal Procedure (section 5881, Rey. Laws 1910), i>ro vides: “The person charged shall at his own request, but not otherwise, be a competent witness, and his failure to make such request, shall not create any presumption against him nor be mentioned on the trial; if commented upon by counsel, it shall be ground for a new trial.”</p> <p>' Held, that this provision is mandatory, and leaves no discretion in the trial court to refuse to grant a new trial upon the application of the defendant, where the prosecuting attorney in his argument violates the terms of the statute.</p>

<p> Appeal from District Court, Stephens County; Cham Jones, Judge. </p> <p>Arthur McAlester was convicted of a second violation of the habitual criminal act, and he appeals.</p>

Edwards, Judge. George Valentine was convicted of the crime of manslaughter in the first degree, and his punishment fixed at eight years’ imprisonment in the state penitentiary, and he,appeals. Statement of the Case.

F. Freeman, Judge. W. S. Dougherty and Virgil Wilson were each convicted of unlawfully conducting prohibited gambling games, and they appeal.

<p> Appeal from County Court, Bryan County; Lewis Paullin, Judge. </p> <p>Tom Cole was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

<p>Appeal from' Cbunty Court, Kay County; Joshua L. Robinson, Judge.</p> <p>George Standford was convicted of a violation of the prohibitory liquor laws, and he appeals.</p>

<p>1. JUDGMENT AND SENTENCE — Rearrest—Service of Unexecute# Judgment. Where a convicted defendant is at liberty and has not served his sentence, and the same is not stayed as provided by law, he may be arrested as on escape, and ordered into custody on the unexecuted judgment.</p> <p>2. SAME — Sentence—Expiration of Time. Expiration of time without imprisonment is in no sense an execution of the sentence.</p>

<p>HABEAS CORPUS — Petition—Sufficiency. A petition for habeas corpus, averring that petitioner was unlawfully held under a commitment upon a judgment on a ’“■‘uflict finding him guilty of perjury, and that facts stated in information did not constitute a criminal offense, so that court was without jurisdiction to try or sentence him, did not state facts entitling him to the writ.</p>

<p>.APPEAL AND ERROR — Perfection of Appeal — Extension of Time— Misdemeanor Cases. In misdemeanor cases the appeal must be perfected within 60 days after the judgment is rendered, unless the trial court or judge, for good cause shown, extends the time within the limits prescribed by section 5991, Rev. Laws 1910:. Where no order is made extending the time within which as appeal in misdemeanor cases may he taken and the appeal is not lodged in this court within 60 days after the rendition of judgment, this court has no jurisdiction to entertain the appeal, and the same will be dismissed.</p>

<p>APPEAL AND ERROR — Escape Pending Appeal — Dismissal. Where a defendant has been convicted and sentenced, and perfects an appeal, this court will not consider his appeal, unless defendant is where he can be made to respond to any judgment or order which may be rendered or entered in the case. And where a defendant makes his escape from the custody of the law and becomes a fugitive from justice, pending the determination of his appeal, this court will, on proper motion, dismiss the appeal.</p>

Zwiclc, Judge. W. E. Carrico was convicted of the crime of unlawfully conveying intoxicating liquor, and sentenced to pay a fine of $50 and to serve 30 days’ confinement in the county jail, and he appeals.

<p>INTOXICATING LIQUORS — Unlawful Sale — Conviction — Evidence The entire record in this case carefully read and examined, and found that the verdict of the jury and the judgment rendered thereon are fully in accord with the undenied evidence in the case, and that no fundamental error was committed in the trial of the cause. ■</p>

<p> Appeal from County Court, Jefferson County; Ben F. Saye, Judge. </p> <p>Joe Proctor was convicted of conducting a gambling bouse, and he appeals.</p>

<p> Appeal from District Court; Love County; '* W. F. Freeman, Judge. </p> <p>John Allen was convicted of manslaughter in the first degree, and he appeals.'</p>

<p> Appeal from District Court, Washington County; K. B. Boone, Judge. </p> <p>Elwood Ward was convicted of the crime of manslaughter, and he appeals.</p>

<p>Application by Ned McDaniel for writ. of prohibition to Hon. G. A. Brown, District Judge of Jackson County.</p>

Hay son, Judge. George Cunningham was convicted of burglary in the first degree and sentenced to serve a term of seven years in the state penitentiary, and he appeals.

<p>TRIAL — Argument—Comment on Defendant’s Failure to Testify. Code Or. Proc. see. 5881. Rev. Laws 1910, prohibits any comment by a prosecuting' attorney in a criminal case on the failure of the defendant to testify, and such comment constitutes reversible error, even though it be made in disclaiming any intention of referring to the failure of the defendant to testify in bis own behalf.</p>

de Graffenreid, Judge. Bob Wagner, Sheriff of Wagoner County, Oklahoma, was found guilty of direct contempt of court by willfully disobeying the court’s order to produce the body of one M. Nichols before the court, in compliance with a writ of habeas corpus obtained by Nichols, and sentenced to pay a fine of $150, and he appeals.

<p> Appeal from County Court, Seminole County; D. G. Hart, Judge. </p> <p>Joe Richards was convicted of a violation oif the prohibitory law, and he appeals.</p>

<p> .Appeal from County Court, Kioiva County; ' J. L. Carpenter, Judge. </p> <p>Nate Holly was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

Appeal from District Court, Cleveland County; F. B. Swank, Judge. W. D. January was convicted of murder, his motion for new trial was overruled, and he appeals.

<p> Appeal from County Court, Ellis County; S. A. Miller, Judge. </p> <p>Donald Duncan was convicted of the offense of obstructing a public highway, and sentenced to pay a fine of and the costs of the action, and appeals.</p>

<p> Appeal from District Court, Caddo County; Will Linn, Judge. </p> <p>John Cubie Hodges was convicted of murder and appeals.</p>

<p>Petition of Ed Herring for writ of habeas corpus„</p>

<p>1 APPEAL AND ERROR — Denial of Continuance — Abuse of Discretion. While a trial court must be fair to a defendant, and give him an opportunity to prepare for trial, this court will mot hold that overruling a motion for a continuance to prepare for trial is a denial of a fair trial, unless it clearly appears that the trial court in overruling said motion abused its discretion.</p> <p>2 APPEAL AND ERROR — Admission of Evidence — Brief. Where a defendant complains of the erroneous admission or rejection of evidence, he must specifically point out in his brief a synopsis of the evidence of which he complains as improperly admitted or rejected.</p> <p>;>. APPEAL AND ERROR — Conviction on Accomplice’s Testimony— Reversal. A conviction cannot be legally had alone upon the un-‘ corroborated evidence or an accomplice; and, where the record shows that a conviction is so had, it wall, on appeal, be set aside, whether or not the defendant requested the court to instruct the jury that a conviction could not be legally had on the uncorroborated evidence of an accomplice.</p> <p>4. APPEAL AND ERROR — Accomplice’s Testimony — Corroboration. Where tlie evidence of an accomplice shows the guilt of a defendant beyond a reasonable doubt, and such evidence is corroborated by legal evidence, this court will not disturb a verdict of conviction.</p> <p>5. APPEAL AND ERROR — Grant of Separate Trial — Presumption of Regularity. Where one of several codefendants is put on trial separately, and the record is silent as to how said severance was granted, it will lie presumed that it was regularly granted on the motion of the state, or on the motion of the defendant.</p> <p>6. LARCENY — Larceny of Stock — Sufficiency of Evidence. The record in this case carefully examined and considered, and the evidence held sufficient to reasonably sustain tlie verdict rendered, and that the trial of the case was free from prejudicial error.</p>

<p> Appeal from, District Court, Greer County; T. P. Clay, Judge. </p> <p>A. W. Baldock was convicted of manslaughter in the second degree, and he appeals.</p>

M. Thacker, Judge. Cy Williams, B. V. Henson, R. A. Baird, C. P. Walker, and J. W. Chambers were jointly charged, tried, and convicted of conspiracy to commit the crime .of abortion, and they appeal.

<p> Apv'eal from District Court, Okfuskee County; Geo. C. Crimp., Judge. </p> <p>C. C. Chambers was convicted of murder, and he ap-f*eals.</p>

<p>1. LIMITATION 'OF PROSECUTIONS — Construction of Statute. A statute of limitations in criminal cases is to be liberally construed in favor of defendants, as it surrenders the right of the state to try and punish criminal offenses at its discretion.</p> <p>2. SAME — Statutory and Constitutional Provisions — Informations. The statute of limitations, section (1571. Clomp. Laws Oklahoma 15)09. in force as to ail prosecutions by Indictment for felony, except murder, committed after statehood and prior to the adoption of Revised Laws 1910. applies also to prosecutions for such offenses by information, (-hereby requiring an information charging such felony to be filed in the trial court, within three years after the commission of the offense.</p>

<p>HOMICIDE — Assault with Intent to Kill — Sufficiency of Evidence. In a prosecution for assault with intent to kill, the evidence considered, and held sufficient to sustain the conviction, and that no reversible error was committed on the trial.</p>

<p>1. CONTINUANCE — Absent Witness — Sufficiency of Application. Where an absent witness has been summoned and it is not averred in the affidavit upon which the motion for a continuance is predicated, or shown by evidence, that such witness is not absent ■by consent or procurement of the defendant, and that the cause of the absence of said witness is .unknown, and no attachment is asked for said witness, and it is averred in said affidavit that the whereabouts of said witness is unknown, such application is insufficient upon its face and properly overruled.</p> <p>2. WITNESSES — Interest—Offer to Purchase Property of Prosecuting Witness. The state introduced evidence tending to show that an effort was made by a witness for the defendant, and without the defendant’s instance, to purchase at an excessive value all the property of the prosecuting witness, with the condition that such witness leave the state and stay away two years and not appear against the defendant, and the party making such offer appeared and testified for the defendant, denying that he had made any such statements or offer. Held, that said offer to purchase said property may be shown for the purpose of showing the interest of such witness for the defendant, if the court limits such evidence solely to such interest.</p> <p>EVIDENCE — Admissibility—Attempt to Prevent Testimony of State’s Witness. An effort of a defendant to cause a witness for the state not to appear against him is a circumstance tending to sliow tlie guilt of tlie defendant, and tbe facts of sucb effort may be properly admitted on bis trial.</p> <p>4 TRIAL — Testimony of Accomplice — Question for Jury. Unless tbe court is able to instruct tbe jury as a matter of law that a witness is an accomplice, whether or not the witness is an accomplice is a question of fact for tbe jury to determine.</p> <p>5. APPEAL AND ERROR — Review—Accomplice Testimony — Conviction. Where evidence is submitted tending to show that a •witness for the state is an accomplice in tbe crime for which tbe defendant is being tried and also evidence to corroborate such evidence of such accomplice, and these questions are properly submitted to tlie jury, a verdict of conviction will not be disturbed upon the ground that the conviction is in violation of section 5881, Revised Laws 1910.</p> <p>6. LARCENY — Taking of live Stock — Instructions. Instructions given by the court and excepted to by the defendant, considered in connection with the entire instructions of the court, and held free from error.</p> <p>7. LARCENY — Live Stock — Conviction. The evidence in this case carefully examined, and held, though in conflict, sufficient to reasonably support the verdict of the jury.</p> <p>8 NEW TRIAL — Newly Discovered Evidence — Effect on Result— Discretion of Trial Court — Case Overruled. A motion was made for a new trial upon the ground of newly discovered evidence, the motion being predicated upon an affidavit of a witness for the state at the trial that he (witness) committed the offense for which the defendant was convicted, and that defendant had no part in the commission of the offense, together with affidavits as to the good character of the defendant. Held: (1) That such showing does not entitle the defendant as a matter of right to a new trial, but calls into exercise the sound discretion of the court, and such motion should be overruled unless the trial court ber lieves that such recantation is probably true and that another trial would probably result in the acquittal of the defendant. (2) The holding in the second paragraph of the syllabus in N. D. Chappell v. State, 6 Okla. Cr. 398, 119 Pac. 139, is hereby expressly disapproved, and the same modified to conform to the rule of law herein announced.</p>

<p>1. JUDGMENT AND SENTENCE — Verdict—Sentence. It is not error for tlie trial court to pronounce sentence and render judgment of conviction against tlie defendant before the expiration of two days after the return of the verdict, when the defendant requests that sentence be pronounced without delay after having been fully informed of his rights in the premises.</p> <p>2. APPEAL AND ERROR — Record—Affidavits. Affidavits filed in this court attempting to impeach the record as certified to by the trial judge will not be considered.</p> <p>3. APPEAL AND ERROR — Jurisdiction of Court Below — Objection. Question involving the- jurisdiction of the trial court may be raised for the first time on appeal.</p> <p>4. COURTS — Transfer of Criminal Case — Statute-. -Chapter 121, Session Laws 1910-11. considered, and held to authorize the transfer, on the application of the county attorney, of a criminal cause from die superior court to the district court of the county in which said cause is pending, where such cause is one over the subject-matter of which such district court-has jurisdiction.</p>

<p>1. HOMICIDE — Murder in First Degree — Evidence. Evidence of previous malice and premeditation not necessary to sustain a conviction of manslaughter in the first degree, where a homicide is. committed in the heat of passion with a deadly weapon, per sé.'</p> <p>2 EVIDENCE — Documentary Evidence — Illegal Search. Documentary evidence secured by illegal search of the room of another is not thereby rendered inadmissible as violative of the Constitution of this state.</p> <p>8 HOMICIDE — Expressed Malice — Restoration of Friendly Relations. Where there is evidence of previously expressed malice, and that friendly relations are thereafter apparently restored : upon the trial of a defendant for the murder of the person against whom the malice was expressed, it is a question of fact, under proper instructions, for the jury as to whether or not the restoration of friendly relations between the parties at the time of the homicide was in good faith on the part of the slayer.</p> <p>4, HOMICIDE — Expressed Malice — Evidence—Harmless Error. In the trial of a murder charge, erroneous admission of evidence tending to show malice and premeditated design, even though such evidence should be incompetent and prejudicial, becomes harmless, when a verdict of manslaughter is returned by the jury.</p> <p>5. HOMICIDE — Instructions. The instructions given and the requested instructions refused carefully considered, and found free from error.</p>

<p>1 EVIDENCE — Documentary Evidence — Letters Between Codefend-ants. When two persons are jointly charged with' murder and separately tried, letters written by one of them to the .other, expressing malice towards and a premeditated design to kill the person slain, are admissible in evidence against either one of the said defendants, if there he any evidence tending to show collusion between them to cause the death of the person with whose death they are charged.</p> <p>2. SAME — Illegal Search] — Effect. Letters obtained by an illegal search are not thereby rendered inadmissible in .evidence, because the search by which the letters were obtained was violative of section 30 of the Bill of Bights of the Constitution of this state; the true rule being that the admissibility of evidence, other than confessions, is not affected by illegality by which the same is obtained.</p> <p>3. • HOMICIDE — Admission of Evidence — Harmless Error. In the trial of a murder charge, erroneous admission of evidence tending to show malice and premeditated design, even though such evidence be incompetent and prejudicial, becomes harmless when a verdict of manslaughter is returned by the jury.</p>

<p>1 DISTURBANCE OF PUBLIC ASSEMBLAGE — Evidence—Sufficiency. The record in this ease examined, and the evidence found insufficient to sustain the conviction of Sam Pigford and Bill Mes-singer, and sufficient to sustain the conviction of Jethro Pigford, and that the trial of the said Jethro Pigford was free from reversible error.</p> <p>2 SAME. In a prosecution for disturbing religious worship, it was shown that a horse was hitched within 15 feet of an arbor under which religious worship was being conducted; that the accused poured something upon the horse, which the evidence tended to show was carbon bisulphide, commonly known as “highlife,” and that immediately thereafter the horse became excited, and his actions in endeavoring to escape disturbed the said religious services, then in the course of observance; that the accused did not give any testimony denying that he had committed the said action with the intent to disturb the said religious services-. Held, that tiie jury was justified in prasuming that .the accused antiei- ■ pated the probable result of his act, and that the same was done with the intent to disturb the said religious worship, -and was sufficient, in connection with all the evidence, to sustain a verdict of guilty.</p>

<p>1. RAPE — Previous Virtuous Character — Evidence—Defense. A defendant cannot shelter under a violation of a criminal law by him, and thereby escape conviction. In a prosecution for statutory rape of a female over 16 and under 18 years of age, evidence of an act of criminal intercourse by the defendant and the pros-ecutrix, prior to the time of the specific act of sexual intercourse charged in the information, does not show that the prosecutrix was not of chaste and virtuous character.</p> <p>2 APPEAL AND ERROR — Request for Additional Instructions— Reversal. If counsel of the defendant are of the opinion that additional instructions should be given by the trial court, it is their duty to request the court to give such instructions, and upon their failure so to do, a conviction will not be reversed for the failure of the court to give such instructions, unless such failure— in the light of the entire record — to instruct upon some material question of law has deprived the defendant of some substantial right.</p> <p>3. RAPE — Statutory Rape — Sufficiency of Evidence. The entire record in this case carefully examined, and the evidence found sufficient to support the verdict returned and judgment thereon rendered, and the trial of the case free from fundamental error.</p>

<p> Appeal from District Court, Okmulgee County; Ernest B. Hughes, Judge. </p> <p>John Davis was convicted of grand larceny, and he appeals.</p>

<p> Appeal from County Court, Harper County; A. H. Walker, Judge. </p> <p>Tom A. Killough was convicted of having illegal possession of intoxicating liquors with intent to violate the prohibitory liquor laws, and he appeals.</p>

<p>1. GRAND JURY — Selection by Jury Commissioners — Power of Superior Court — Statute. When it is required to impanel a grand jury, and there is not a sufficient number of names in the jury box of tbe court from which to draw such grand jury, a superior court has jurisdiction to order the jury commissioners to convene ' and select 30 names, to be placed in the jury box, from which to draw and select a grand jury.</p> <p>‘z. GRAND J URA — Selection and Impaneling — Statute. The law of this state in regard to selecting, summoning, and impaneling a grand jury is directory, and a substantial compliance therewith is sufficient.</p> <p>3. GRAND JURY — Presence of Unauthorized Pei'son — Validity of Indictment — Statutes. The presence of an unauthorized person in the grand jury room while testimony is being taken, 'and not while the grand jury is deliberating or voting upon an indictment, will not invalidate an indictment, unless it is reasonably probable that the accused was thereby prejudiced in some substantial right.</p> <p>4. SAME — Action of County Attorney — Misconduct of Jury. A grand jury became dissatisfied with the county attorney and his assistants, and sought to have the county attorney remove one of his assistants and appoint in his stead a designated person, and, upon the county attorney refusing so to do, made a report to the court asking its assistance to cause the county attorney to comply with their demand, which the court refused to do, and thereafter caused a complaint against the county attorney to be drafted, but which was not presented to the court, but came to the knowledge of the county attorney, and thereafter the county attorney, upon promise of reappointment when the grand jury adjourned sine die, secured the resignation of one of his assistants, and nominated and appointed another person as assistant to fill the vacancy caused by said resignation, and the party so appointed as assistant county attorney took the oath of office, and appeared before the grand jury, and advised them as to the finding of an indictment, and the assistant county attorney so appointed filed with the county commissioners a claim for $500 for his said services before the grand jury, and subsequently withdrew such claim. Held that said action of the grand jury and of the county attorney did not constitute such misconduct as to constitute grounds for setting aside an indictment found by such grand jury.</p> <p>5. PROSECUTING ATTORNEYS — Grand Jury — Attendance By De Jure Assistant County Attorney — Validity of Appointment— Effect Upon Indictment. Regardless of what pressure was brought upon the county attorney to cause him to secure the resignation of one of his assistants, and the appointment of another to fill such vacancy, the person so appointed, upon duly qualifying, is a de jure assistant county attorney, and may legally attend upon a grand jury and advise as to the finding of an indictment. and that the person appointed as such assistant county attorney filed with the county commissioners a claim for $500 for his said services before the grand jury did not render the appointment of such assistant county attorney void, and his attendance upon and advice to the grand jury in regard to finding an indictment did not constitute legal grounds for setting aside an indictment found by such grand jury.</p> <p>6. APPEAL AND ERROR — Eight to Allege Error — Motion for1 Change of Venue. Where tvvo persons are jointly indicted and before a severance, a motion for a change of venue by one of them, in which the other does not join, is not a motion on the part 'of the other defendant; and, where such change of venue is denied, a severance had, and the defendant who did not join in said motion is separately tried, convicted, and appeals to this court, the overruling of such motion cannot be successfully assigned as error.</p> <p>7. ARRAIGNMENT, PLEAS, AND DISCONTINUANCE — Dismissal of Counts — Leave of Court. Where an information or an indictment contains more than one count, the state’ may, before the jury is sworn, and by leave of the court, properly dismiss one or more of said counts, and try the defendant upon the remaining count or counts.</p> <p>8 APPEAL AND ERROR — Riding on Demurrer to Count — Trial of Another Count — Review. Where an information or an indictment containing two counts is demurred to, the demurrer overruled, and thereafter the state dismisses one of said counts, it is entirely immaterial whether the court erred in overruling the demurrer to tlj.6 count dismissed, and such question will not be reviewed by 'this court.</p> <p>9. EMBEZZLEMENT — Indictment and Information — Single Offense —Sufficiency. The count of the indictment upon which the defendant was' tried, held to charge but one offense, and to sufficiently inform the defendant of the particular offense he was called upon to answer.</p> <p>10. JURA’ — Challenge for Cause — Doubt—Ruling. Upon the examination of a juror as to his qualifications when challenged for cause by the defendant, the court should resolve all doubts arising under the evidence in favor of the defendant as to the competency of the juror; and if, upon so doing, it appears that the juror challenged for cause would not be an impartial juror as required by the decisions of this court, such challenge should be sustained.</p> <p>11. APPEAL AND ERROR — Reversible Error — Challenge for Cause— Ruling. Where the. defendant has exhausted his peremptory challenges, it is reversible error for the court to overrule a challenge for cause, when the examination of such juror, resolving all doubt in the evidence in favor of the defendant, shows that the juror is not impartial.</p> <p>12. TRIAL — Requested Charge — Given Charge. Several requested instructions, which cover but one legal proposition, which is in effect given in the general charge, are properly refused</p> <p>13. EMBEZZLEMENT — Presence of Defendant — Charge. A requested instruction which requires, as essential to conviction, the presence of the defendant when aiding, abetting, or advising the embezzlement charged, is properly refused.</p> <p>14. APPEAL AND ERROR — Charge—Reversible Error — Other Charges. A paragraph in the general instructions which does not technically state the law correctly, authorizing conviction if D. H. Middleton was directly or indirectly concerned in the commission of the acts constituting the offense as alleged in the indictment, does not necessarily constitute reversible error, if other instructions given clearly overcome the objection complained of.</p>

<p> Appeal from District Court, Blaine County; Thomas A. Edwards, Judge. </p> <p>C. F. Watt was convicted of assault with intent to do bodily harm, and he appeals.</p>

<p>1. HOMICIDE — Manslaughter in First Degree — Evidence—Sufficiency. In a prosecution for murder, the evidence held to justify a conviction of manslaughter in the first degree.</p> <p>2. CRIMINAL LAW — Excuse—Voluntary Intoxication. Under Penal Code (section 2095, Rev. Laws 1910), voluntary intoxication is no excuse for crime.</p> <p>3 WITNESSES — Accused as Witness in His Own Behalf — Impeachment. On a trial for murder where the defendant elects to testify as a witness in his own behalf, he may be asked on cross-examination as to an admission voluntarily made, that he committed the homicide, and, where he denies the same, testimony showing or tending to show such an admission is competent for the purpose of impeachment, when it appears that such admission was made voluntarily.</p>

<p> Appeal from, District Court, Garfield County; James B. Cullison, Judge. </p> <p>Bert Files was convicted of a violátion of the habitual criminal act, and he appeals.</p>

C. Thurman, Judge. Odus W. Davis was convicted of having possession of intoxicating liquors with the unlawful intent of selling the same, and appeals.

Appeal, from Superior Court, Mitskogee County; H. C. Thurman, Judge. Odus W. Davis was convicted of having unlawful possession of intoxicating liquor with intent to sell the same, and appeals.

<p>INTOXICATING LIQUORS — Unlawful Possession — Evidence. In a prosecution far the unlawful possession of intoxicating liquor, it was error to permit the prosecution to prove that three or four weeks after the filing of the information the officers found intoxicating liquors at the same place.</p>

<p> Appeal from County Court, Oklahoma County; William H. Zwick, Judge. </p> <p>W. P. Hawkins, C. S. 'Steele, D. N. Millhauser, R. W. Billingsley, Jess Campbell, A. S. Jones, and Charles Goucher were convicted of violating section 3610, Rev. Laws 1910, and appeal.</p>

<p> Appeal from District Court, Tulsa County; George C. Crump, Assigned Judge. </p> <p>D. B. Boyer was convicted of manslaughter in the first degree, and appeals.</p>

<p> Appeal from District Court, Jefferson County; Cham Jones, Judge. </p> <p>Alcie Waldon was convicted of manslaughter in the first degree, and he appeals.</p>

<p>TRIAL — Requested Instructions — Material Issue. The defendant has a right to have, when requested, an affirmative instruction given to the jury applicable to his testimony, based upon the hypothesis that it is true, when such testimony affects a material issue in the case and would constitute ground for acquittal.</p>

<p> Appeal from District Court, Carter' County; W. F. Freeman, Judge. </p> <p>H. A. Ashiburn was convicted of grand larceny,. and he appeals.</p>

<p> Appeal from District Court, Caddo County; Witt Linn, Judge. </p> <p>Wesley W. Cole was convicted of stealing domestic, animals, and he appeals.</p>

<p>1. RIOT — Statutory Definition of Crime. Tie crime of riot is defined by section 2558, Rev. Laws 1910. Subdivisions 3 and 4 of section 2559, Rev. Laws 1910, contain no definition of the crime of riot.</p> <p>2. APPEAL AND ERROR — Prejudicial Error — Instructions—Riot.. For instruction held to be not prejudicial to the defendants under the evidence in this case, see 'body of opinion.</p> <p>3. TRIAL — Instructions—Refusal. It is not error for the trial- court to refuse to give a requested instruction, although it may- contain a.correct statement of the law, if the principles stated therein have already been covered in the general instructions.</p> <p>4. SAME. It is not error to refuse a requested instruction not applicable to the issues.</p> <p>5. APPEAL AND ERROR — Harmless. Error — Impaneling Jury; Where the record shows that all the jurymen composing the regular panel were present and in attendance upon the court, and that all of such jurymen were examined upon their voir dire be^ fore an open venire was issued for additional jurymen, the refusal of the trial judge to have all the jurors in the regular panel called, as provided in section 5828, Rev. Laws 1910, when the case is called for trial, is not reversible error, ¡because the purpose of said ¡statute is to enable the state and the defendant to ¡select the-trial jury from the members of the regular -panel as far -as possible be^ fore the issuance of an open venire or an ¡order for the drawing of additional jurors. When it is clear that the defendant was not deprived of any substantial right or privilege -by the alleged misconduct of the trial court, the judgment of conviction will not be reversed for that reason.</p>

<p> Appeal fmm County Court, Love County; J. H. Hays, Judge. </p> <p>Homer Thaxton was convicted of violating the prohibitory liquor laws, and he appeals.</p>

<p>APPEAL AND ERROR — Presumptions—Burden on Defendant, On Motion to Dismiss, to Show Laches in Prosecution. In the ah-' sence of a proper record affirmatively showing the contrary, the presumption is that the court had continued the case for a presumably lawful cause. The burden was on the defendant, in support of his motion to dismiss, to show that the laches was on the part of the state through its prosecuting officers; otherwise, the presumption is that the delay was caused by o,r with the consent of the defendant himself, and when on bail he must demand' a trial, or resist the continuance of the case from term to term. A defendant, who has never demanded or been refused trial, is not entitled to a discharge under the constitutional provision (article 2. sec. 20) and the statutory provision (section 5547, Rev. Laws).</p>

W. Clark, Judge. Grover Rhoades was convicted of the crime of robbery, and sentenced to serve a term of ten years’ imprisonment in the state penitentiary, and appeals. This is an appeal from a judgment of conviction in the district court of Canadian county against the defendant for the crime of robbery, in which a sentence was imposed against him of ten years’ imprisonment in the penitentiary at McAlester.

Appeal from District. Court, McCurtain County; C. E. Dudley, Judge. John W. Wright was convicted of a second offense of violating the prohibitory liquor law, and he appeals.

<p> Appeal from District Court, Washita County; Thomas A. Edwards, Judge. </p> <p>Ebb Wells was- convicted of grand larceny, and he-; appeals.</p>

<p> Appeal from District Court, Creek County; Ernest B. Hughes, Judge. </p> <p>Jack Mathews was convicted of manslaughter in the first degree, and he appeals.</p>

<p> Appeal from District Court, Cotton County; Cham Jones, Judge. </p> <p>W. E. Wilson was convicted >of the crime of bigamy, and sentenced to serve a term of one year’s imprisonment in the state penitentiary, and he appeals.</p>

Renegar, Judge. ' Wiley Gunter and Oliver Robinson were jointly tried and convicted of the crime ;of petit larceny and each appeals.

<p>1. PARTIES TO OFFENSES — “Principals.” All persons concerned in the commission of a crime, whether it be a felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present,' are “principals.” .</p> <p>2. INTOXICATING LIQUORS — Unlawful Sale-Evidence. . Thc-reeord in this case carefully examined, and the evidence found sufficient to sustain the verdict rendered, and that no reversible error was committed in the trial of the case.</p>

Appeal from County Court, Nowata County; Wm. F. Gillully, Judge. Information against Frank Welch for champerty, and from a judgment sustaining a demurrer thereto, the State appeals.

<p>RAPE — Sufficiency of Evidence. In a prosecution for statutory rape, the evidence considered, and conviction affirmed.</p>

P. deGraffenreid, Assigned-Judge. Carl Creek was convicted of manslaughter in the first degree, his punishment fixed at 15 years’ imprisonment in the state penitentiary, and he appeals. E'arl Kelly was shot and killed by Carl Creek at the latter’s apartment in the town of Morris, Okmulgee county, Okla.,*on the 25th day of March, 1916, at about 4 o’clock in the afternoon.

<p>APPEAL AND ERROR — Dismissal—Acceptance oí Parole. When an appeal from a judgment of conviction is pending in ibis court, and the plaintiff in error is granted a parole and accepts the same, and the fact that a parole has been granted and accepted is brought to the attention of this court, the appeal will be dismissed, as having been abandoned.</p>

<p> Appeal from District Court, Jackson County; Jesse M. Hatchett, Assigned Judge. </p> <p>J. E. Ernst was convicted of larceny under section 270, Revised Laws 1910, and he appeals.</p>

<p>1. APPEAL AND ERROR — Briefs—Abandonment of Errors Assigned. Errors assigned in a petition in error which are not argued in the briefs will be treated as abandoned and not be considered by this court.</p> <p>2. APPEAL AND ERROR — Harmless Error — Evidence. The exclusion of offered evidence) tending to show a want of credibility on the part of a witness for the state, who testified to- a statement made by a defendant, isnot reversible error, where such defendant as a witness admit^that he made such statements.</p> <p>3. WITNESSES — Impeaching Evidence — Inadmissibility for Irreler vancy. The rejection of offered evidence as to why a witness was up at a late hour of the night,' and that just prior to a homicide he was engaged in gambling in a place where whisky was sold, said place being some distance from the scene of the homicide. and said offered evidence being in no wise connected with the crime for which the defendant was on trial, is not 'error. •</p> <p>4. WITNESSES — Credibility—Proof of Specific Acts. Tbe credibility of a witness cannot be successfully attacked by proof of specific acts done by such witness. ' '</p> <p>5. TRIAL — Instructions—Repetition. It is not error to refuse a requested instruction which correctly states the law, if the general instructions given sufficiently cover the principle of law stated in the requested instruction.</p> <p>6. APPEAL AND ERROR — Harmless Error — Instructions, An instruction embodying an abstract proposition of law should not .be given, but the giving of same does not constitute reversible error, unless a miscarriage of justice or a denial of a defendant’s constitutional or statutory rights has resulted therefrom.</p>

<p>1. APPEAL AND ERROR — Reservation of Objections — Arraignment and Pleas. A conviction in a felony case will not be reversed by reason of the fact that the record fails to show that the defendant was ever arraigned or waived arraignment, or that he pleaded to the information, where the record shows that the information was read by the county attorney to the jury, in the presence of the defendant and -his counsel, and the jury informed by the county attorney that the defendant had entered a plea of not guilty thereto, and that the defendant proceeded to trial without objection. Held, further, that where the question is raised for the first time on motion for new trial, the defendant is bound by the verdict of the jury and will not be heard to say that he never pleaded to the information.</p> <p>2. INDICTMENT AND INFORMATION — Objections—Time for Making. Objections to an indictment or information based upon the absence of any essential preliminary proceeding should be made by proper motion or plea, before entering a plea of not guilty.</p> <p>3. SAME — Maimer of Raising Objection. 'Objections to tlie sufficiency of an indictment or information should be taken by a demurrer thereto, as provided by Code of Criminal Procedure (section 5791, Rev. Laws 1010). Our Code further provides: “When the objections mentioned in section 5791 appear upon the face of the indictment or'information, they can only be taken by demurrer, except that the objection to the jurisdiction of the court over the subject of the indictment or information, or that the facts stated do not constitute, a public offense, may be taken at the trial, under the plea of not guilty, and in arrest of judgment.” Section 5799, Rc.v. Laws 1910. Under this provision, if it appears that the facts stated do not constitute a public offense, an objection to the introduction of evidence on that ground is sufficient to raise the question.</p> <p>4. APPEAL AND ERROR — Reservation of Exceptions — Defects in Information — Waiver. Where a defendant fails to file a motion to set aside an information which was not signed by the county attorney at the. time it was filed, and fails to interpose a demurrer thereto, and without objection goes to trial thereon, he waives all right to afterwards object to the information upon this ground, and cannot be heard upon appeal to complain that the information was not signed by the county attorney as directed by law.</p> <p>5. HOMICIDE — Assault with Intent — Sufficiency of Verdict. On the trial of an information for shooting at another with a pistol, with intent to kill, the issue of shooting at another without intent to kill, but with intent to do bodily harm, was submitted to tlie jury. The verdict was: “We 'the jury, * * * do upon our oaths find the defendant, S. H. Simpson, guilty of assault with intent to do bodily harm, as charged in the information herein, and fix his punishment at confinement in the state0 penitentiary for a period of four years.” Held, that the verdict is sufficiently definite and certain as to the offense, of which the defendant was convicted.</p> <p>6. EVIDENCE — Res Gestae — Prior Difficulty with, Codefendant. In a prosecution for assault with intent to kill, declarations as to what was done and said by the complaining witness and a co-defendant at an interview some hours before 'the shooting held admissible as part of the res gestae.</p>

<p>1. EVIDENCE — Confessions'—Establishment of Corpus Delicti The corpus delicti cannot be established alone by the uncorroborated extrajudicial confession of the accused.</p> <p>2. DISORDERLY HOUSE — Evidence—General Reputation. A legal conviction for keeping a toawdyhouse cannot be had upon evidence alone that the house in question has the general reputation where lewd and lascivious persons of both sexes congregate for the purpose of unlawful sexual intercourse.</p> <p>3. SAME — Evidence of Character of Inmate. That a girl is seen, in a place having the general reputation of being a bawdyhouse, wearing a thin, low-necked, short dress, is not alone sufficient evidence that such wearer is a lewd person.</p>

<p> Appeal from District Court, Coal County; J. H. Linebaugh, Judge. </p> <p>Morris Muldrow was convicted of an assault 'with intent to rape, and he appeals.</p>

<p>1. APPEAL AND ERROR — Reserving Exceptions. — Evidence. Admission of evidence which is not objected and excepted to will not be reviewed on appeal by this court iinless it constitutes fundamental error.</p> <p>2. TRIAL — Instructions—Curing Error in Another Instruction. AVhere an error occurs in an instruction, 'the mistake may be cured by other instructions given.</p> <p>3. APPEAL AND ERROR — Harmless Error. A judgment will not be reversed by this court unless, upon an examination of the entire record, it appears that a miscarriage of justice- has resulted, or a substantial violation of a constitutional or statutory right of the accused has occurred.</p>

Cullison, Judge. Albert D. Weaver was convicted of an attempt to have sexual intercourse with a female under the age of 16 years, and appeals.

<p>1. JURY — Challenge to Panel — Bias of Summoning Officer. When a panel -of jurors is formed, or in part formed, from jurors summoned on an open venire by an officer who is biased and prejudiced against the defendant, to such extent as would be good ground of challenge to a juror, the overruling of a challenge of the panel on the ground of such bias and prejudice of the summoning officer against the defendant is reversible error.</p> <p>2. APPEAL AND ERROR — Necessity of Challenge for Bias of Summoning Officer. That the sheriff or other officer who summoned upon an open venire a panel or a part of a panel of jurors is biased or prejudiced against a defendant is made, by section 5848, Rev. Daws 1910, a special ground of challenge, but in order to have such question reviewed by this court a defendant must interpose a challenge to such panel and, failing so to do, such ground of objection to the jury is waived.</p>

<p>1. INTOXICATING LIQUORS — Maintaining Nuisance — Evidence of Reputation. In a prosecution for maintaining a nuisance by keeping a bouse in which intoxicating liquors are kept for sale, to which persons resort and congregate for the purpose of drinking the same, the general reputation in tbe community of such house as being a “bootlegging joint” may legally be given in evidence.</p> <p>2. APPEAL AND ERROR — Necessity of Pointing Out Error — Instruction. When the entire instructions given by the court to the jury are complained of, such instructions will not be reviewed by this court, unless the alleged errors in said instructions are specifically pointed out.</p> <p>3. APPEAL AND ERROR — Harmless Error — Admission of Irrelevant Evidence. There being sufficient legal evidence 'to reasonably support a verdict, the admission of other irrelevant or illegal evidence will not work a reversal, unless after an examination of the entire record it appears that the admission of such irrelevant or illegal evidence has probably resulted in a miscarriage of justice, or constitutes a substantial violation of a constitutional or statutory right.</p> <p>4. INTOXICATING LIQUORS — Maintaining Nuisance — Sufficiency of Evidence. The record in this ease carefully considered, and found that the verdict of the jury is sufficiently supported by evidence reasonably showing the guilt of the defendant, and that no reversible eiuor was committed in the trial of the case.</p>

<p> Appeal from District Court, Jefferson County:; Cham Jones, Judge. </p> <p>Dick Coleman was convicted of an assault, with a dangerous, weapon with intent to do bodily harm, and appeals.</p>

<p>1. GRAND JURY — Substantial Compliance with Statutes. The law •of this state in regard to selecting, summoning, and impaneling grand juries is directory, and a substantial compliance therewith is sufficient.</p> <p>2. APPEAL AND ERROR — Discretionary Rulings — Continuance. An assignment of error based upon the denial of a continuance will ■not be sustained unless it affirmatively appears that the court in denying such request abused its discretion.</p> <p>3. CONTINUANCE — Denial—Absent Witness. It is not error to overrule a motion for continuance on account of 'an absent witness, where 'the testimony stated in the motion to which such absent witness would testify is not admissible evidence or does not tend to establish the innocence of the accused.</p> <p>4. INDICTMENT AND INFORMATION — Demurrer to Indictment Containing a Good Count. When an indictment contains two counts, one of which is defective and the other is not, a demurrer directed to the entire indictment should be overruled.</p> <p>5. APPEAL AND ERROR — Harmless Error — Demurrer to Indictment. When an indictment containing two counts is demurred to, and'one of the said counts is sufficient and the other insufficient, and the court overrules a demurrer to the defective count, and thereafter the state elects to stand upon the sufficient count, the overruling of the demurrer to said defective count ¡becomes harmless error.</p> <p>6. EVIDENCE — Admissibility of Evidence of Similar Offenses. Evidence of offenses of similar nature committed by an accused, •other than the specific offense for which he is being tried, may be properly admitted in evidence to show -the intent of the accused, •notwithstanding .such evidence tends bo prove accused guilty of other and distinct offenses; the field of operation of such evidence to be confined by the instructions of the court to the jury alone to establish intent'or some element of 'the offense chárged.</p> <p>7. STATUTES — Revised Laws. — Law of State. The Revised Laws 1910, commonly known- as the “Harris-Day Code,” including new legislation suggested by the codifiers and adopted by the Legislature of this state by chapter 39, Sess. Laws 1910-11, as amended ■by chapter 75, Sess. Laws 1013, is the established law of this state regularly and constitutionally adopted.</p>

<p>1. GAMING- — Evidence as to Reputation of Place. In a prosecution for opening and conducting a particular gambling game, tbe general reputation of defendant’s place of business is inadmissible.</p> <p>2. SAME — Insufficiency of Evidence. In -such, a prosecution, where there is no evidence to show that -the defendant either opened or conducted the game, or aided and abetted therein, the evidence is insufficient to support the conviction.</p>

<p> Appeal from District Court, Greer County; R. W. Biggins, Assigned Judge. </p> <p>Joe Burton was convicted of manslaughter in the first degree, and he appeals.</p>

<p> Appeal from District- Court, Garfield County; James B. Cullison, Judge. </p> <p>Fred Botkin was convicted of the crime of embezzlement, and he appeals.</p>

<p>1. PRELIMINARY EXAMINATION — Transcript — Correction. Where several persons are jointly -charged in a preliminary complaint with the crime of robbery and waive examination thereon, and the justice of the peace fails to show 'by proper transcript that all of said defendants had waived a preliminary examination in that case and had been bound over to answer the charge in the district court, the said justice of the peace may, upon motion to set aside the information in the district court because no preliminary examination had been given the defendant, by leave of said court, correct his transcript to speak the truth by showing that the defendant had waived a preliminary examination o-f the charge contained in the information filed in the district court.</p> <p>%. INDICTMENT AND INFORMATION — Motion to Set Aside-Waiver of Preliminary Examination. Where, upon hearing of a motion to set aside the information because no- preliminary examination has -been had, the trial court, after amendment of the transcript by the justice of the peace, finds as a matter of fact that the defendant had waived a preliminary examination, and the transcript o-f the justice of the peace as amended clearly supports such finding, there is no error in overruling the motion ■to set aside the information on such ground.</p> <p>3. APPEAL AND ERROR — Discretion of Trial Court — Indorsement of Witnesses. After one C., a codefendant, had pleaded guilty to the charge, and after the trial had commenced, the state asked permission to indorse his name upon the information and to use him as a witness against the defendant. Held discretionary with the trial court. Where no manifest abuse of such discretion appears, a judgment of conviction will not be reversed.</p> <p>4. APPEAL AND ERROR — Briefs —- Evidence — Review. Where counsel for defendant have wholly failed to comply -with rule 7 of this court by incorporating in the brief “the full substance of the evidence admitted or rejected, stating specifically the objection thereto when the error alleged relates to the admission or rejection of evidence,” and the brief of the Attorney General sets forth certain facts and circumstances detailed in evidence by tbe state’s witnesses which tend to show that the evidence complained of was properly admitted, and there is no claim by ■defendant’s counsel that the Attorney General has misstated the record, this court will not closely scrutinize the record for the purpose of substantiating the defendant’s claim; an apparent unchallenged refutation thereof appearing from the state’s brief.</p>

<p> Appeal from County Court, Pittsburg County; S. F. Broion, Judge. </p> <p>Gus Felas was convicted of the offense of unlawful possession of intoxicating liquors, and he appeals.</p>

<p>1. INDICTMENT AND INFORMATION — Objection to Absence of Preliminary Examination — Time. Objections to an information, based upon the absence of any essential preliminary proceeding, should be made by proper motion or plea, before -pleading to the merits.</p> <p>2. INDICTMENT AND INFORMATION — Objection to Sufficiency —Demurrer. Objections to the sufficiency of an information should be taken by a demurrer thereto, as provided by Code of Criminal Procedure (section 5791, Rev. Laws 1910).</p> <p>Our Code further provides: “When the objections mentioned in section 5791 appear upon the face of the indictment or information, they can only be taken by demurrer, except that the objection to the jurisdiction of the court over the subject of the indictment or information, or that the facts stated do not constitute a public offense, may be taken at the trial, under the plea of not guilty and in arrest of judgment.” Section 5799.</p> <p>3. SAME — Objection to Sufficiency After Impaneling Jury. Where the defendant enters his plea of not guilty and waits until after the jury has been impaneled and sworn, and then for the first time questions the sufficiency of the information by objecting to the introduction of .evidence on the ground of such insuffijiency, the objection should be overruled, if by any reasonable construction or intendment the information can be sustained.</p> <p>4. APPEAL AND ERROR — Necessity for Exceptions — Instructions. Errors assigned on the instructions given, where no objection was made or exception taken to the samé, will not be reviewed.</p> <p>5. LARCENY — Evidence—Sufficiency. The evidence upon the trial of an information for larceny of domestic animals considered, and conviction affirmed.</p>

<p>1. TRIAL — Evidence in Rebuttal — Discretion of Trial Court. It is discretionary with the trial court, in furtherance of justice, to permit evidence in rebuttal which would have been competent evidence in chief.</p> <p>2. APPEAL AND ERROR — Harmless Error — Admission of Evidence. This court will uot reverse a judgment of conviction on the ground of the improper admission of evidence unless it appears, after an examination of the entire record, that in the opinion of the court the error complained of has resulted in a miscarriage of justice, or constitutes a substantial violation of a constitutional or statutory right.</p> <p>3. WITNESSES — Competency—Husband and Wife. Neither the husband nor wife is a competent witness against the other, except in a criminal prosecution for a crime committed one against the other. In this prosecution, the defendant was not charged with the commission of a crime against his wife; he was therefore incompetent as a witness to disclose communications made by his wife to him.</p>

<p> Appeal from District Court, Caddo County; Will Linn, Judge. </p> <p>G. Y. Winston was convicted of the crime of embezzlement, and he appeals.</p>

<p> Appeal from District Court, Logan County; John P. Hicham, Judge. </p> <p>Harry Stubblefield was convicted of larceny of a domestic animal, and he appeals.</p>

<p>1. APPEAL AND ERROR — Exceptions—Necessity. Errors to which no exceptions were taken in the court below, and not fundamental in character, will not be considered on appeal.</p> <p>2. SAME — Petition in Error. Questions not jurisdictional in character must be piuperly raised in the trial court and decided adversely to the appellant, and then presented in this court by petition in error.</p> <p>3. INDICTMENT AND INFORMATION — Sufficiency—Time to Object. Where the defendant goes to trial, and for the first time objects to the information or indictment when the state attempts to introduce evidence thereunder, the objection to the sufficiency of the information or indictment will be overruled, if by any intendment or presumption the information or indictment can be sustained.</p> <p>4. APPEAL AND ERROR — Intoxicating Liquors — Modification of Judgment — Erroneous Admission of Evidence. In a prosecution for unlawfully conveying intoxicating liquors, the intention of the defendant to use such liquors either lawfully or unlawfully is immaterial,, and evidence bearing upon such question should not be admitted. In view of the erroneous admission of evidence on the question of defendant’s intent to use the liquors conveyed ■ unlawfully, which probably resulted in the infliction of a penalty more severe than would have otherwise been inflicted, the judgment of the trial court is modified, and affirmed as modified.</p>

<p>APPEAL AND ERROR — Failure to File Brief or Argue — Affirm antee. Where the defendant, convicted of a felony, appeals from the judgment and no briefs are filed, nor argument presented, this court will make an examination of the record proper, and, if no error is apparent, will affirm the judgment.</p>

<p>Appeal from County Court, Tulsa County; H. L. Standeven, Judge.</p> <p>A. B. Morris was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

<p>Ai>plieation for writ of habeas corpus by Albert M. Carpenter to be admitted to bail.</p>

<p>Appeal from County Court, Seminole County; I). G. Hart, Judge.</p> <p>George Hill was convicted of a violation of the prohibitory liquor-law, and he appeals.</p>

<p>Application for habeas corpus by Sam Roberts to be let to bail.</p>

E. Calvert, Judge. Charlie Mayse was convicted of the crime of unlawfully transporting intoxicating liquor, and sentenced to serve a term of 30 days in the county jail and to pay a fine of $100, and he appeals.

<p>Appeal from County Court, Oklahoma County; Win. H. Zwick, Judge.</p> <p>Herman Riggert was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

<p>Appeal from District Court, Rogers County; W. J. Campbell, Judge.</p> <p>Doc Ward was convicted of the crime of burglary in the second degree, and his punishment fixed at confinement in the penitentiary for a period of two years, and he appeals.</p>

<p>Appeal from District Court, Garfield County; J. O. Robberts, Judge.</p> <p>Earnest Elliott, convicted of manslaughter in the first degree, •appeals.</p>

<p>Application of Clyde Salyers for writ of habeas' corpus to be let to bail.</p>

<p>Appeal from County Court, Jefferson County; E. L. Dillard, Judge.</p> <p>Albert McKinstry was convicted of a misdemeanor, and appeals.</p>

<p>Appeal from County Court, Comanche County; R. J. Ray, Judge.</p> <p>E. J. Hubbard was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

<p>Application for writ of habeas corpus by Jack Slayden to be let to bail.</p>

<p>Appeal from County Court, Sequoyah County; W. B. Wall, Judge.</p> <p>Red Cloud Fleetwood and Grethel Priest were convicted of a violation of the prohibitory liquor law, and they appeal.</p>

<p>Application by Fred Spencer for writ of mandamus against X E. Denison, Court Clerk of Kiowa County, to compel him to approve a supersedeas bond.</p>

Application by Ned McDaniel for a writ of prohibition against the District Court of Jackson County to prevent its trial of petitioner on án information charging embezzlement, on the ground that it was without jurisdiction.

<p>Application of W. A. Richards for writ of habeas corpus.</p>

M. D. Shobe was convicted of the crime of malicious trespass upon an inclosed field, and sentenced to pay a fine of $5 and costs! of the-action, and he appeals.

<p>Appeal from District Court, Oklahoma County; Edward Ilewes Oldfield, Judge.</p> <p>J. K. Burnett was convicted of the theft of an automobile, and he appeals.</p>

<p>Petition by W. C. Cardwell for writ of habeas corpus.</p>

<p>Appeal from County Court, Oklahoma County; William H. Zwick, Judge.</p> <p>Dick Taggert and another were convicted of a violation of the prohibitory liquor law, and appeal.</p>

<p>Application by Jerome Brown for writ of habeas corpus.</p>

<p>Appeal from County Court, Garfield County; E. L. Swigert, Judge.</p> <p>Ben Humes was convicted of vagrancy and he appeals.</p>

<p>Appeal from District Court, Payne County; John P. Hicham, Judge.</p> <p>A. L. Treese was /convicted of a felony, and appeals.</p>

A. Miller, Judge. Donald Duncan was convicted of the offense of obstructing a public highway, and sentenced to pay a fine of $5 and the costs of the action, and he appeals.

<p>Appeal from County Court, Ellis County; S. A. Miller, Judge.</p> <p>Donald Duncan was convicted of tlie offense of obstructing a public highway, and sentenced to pay a fine of $5 and costs of the action, and he appeals.</p>

<p>Appeal from County Court, Okmulgee County; Mark L. Bozartk, Judge.</p> <p>J. H. Braden was convicted of selling intoxicating liquors, and lie appeals.</p>

<p>Appeal from County Court, Garfield County; E. L. Swigert, Judge.</p> <p>Bert Smith was convicted of a violation of the prohibitory liquor law, and he Appeals.</p>

<p>Appeal from County Court, Garvin County; W. R. Wallace, Judge.</p> <p>J. F. Hale was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

<p>Appeal from County Court, Comanche County; R. J. Ray, Judge.</p> <p>Ben McCulloch was convicted of a violation of the prohibitory-liquor law, and he appeals.</p>

L. Standeven, Judge. J. M. Harris and Carl Burton were each convicted of the crime of unlawful possession of intoxicating liquor, and appeal.

<p>Appeal from County Court, Tulsa County; H. L. Standeven, Judge.</p> <p>J. M. Harris and Carl Burton were each convicted of the crime of unlawful possession of intoxicating liquor, and appeal.</p>

<p>Appeal from County Court, Stephens County; J. W. Marshall, Judge.</p> <p>Tom Phillips and Lester Keeter were convicted of a violation of the prohibitory liquor law,, and they appeal.</p>

<p>Appeal from District Court, Oklahoma County; Edward Dewes Oldfield, Judge.</p> <p>John McCain was convicted of murder, and he appeals.</p>

<p>Appeal from County Court, Pontotoc County; Orel Busby, Judge.</p> <p>A. N. Abernathy was convicted of a violation of the prohibitory liquor law, and appeals.</p>

Hickam, Judge. Henry Godfrey was convicted of keeping a place with the intent to sell intoxicating liquors, and he appeals.

<p>Petition by Jess Littrell for writ of habeas corpus to be let to hail. Denied, and hail refused.</p>

<p>Application of Roy E. Heffner for writ of prohibition to the county court of Nowata County.</p>

<p>Appeal from District Court, Choctaw County; C. E. Dudley, Judge.</p> <p>Charlie Rankin was convicted of the crime of conjoint robbery, and appeals.</p>

<p>Application of John W. Music for release upon hail by writ of habeas corpus.</p>

<p>Appeal from District Court, Haskell County; W. H. Brown, Judge.</p> <p>Monroe McIntosh was convicted of murder, and he appeals;</p>

<p>Appeal from County Court, Bryan County; Lewis Paullin, Judge.</p> <p>Richard Boydston, convicted of a violation of the prohibitory liquor law, appeals.</p>

<p>Appeal from County Court, Comanche County; R. J. Ray, Judge.</p> <p>AV. A. High and another were convicted of violating the prohibition liquor law, and they appeal.</p>

<p>Appeal from County Court, Tulsa County; H. L. Standeven, Judge.</p> <p>B. W. Bowdry was convicted of the crime of unlawful possession of intoxicating liquors, arid sentenced to pay a fine of $200, and to serve 90 days in the county jail and he appealed.</p>

O. Norman, Judge. Lester Keeter was convicted of the crime of unlawful possession of intoxicating liquors, and sentenced to pay a fine of $200 and to serve 60 days in the county jail, and appeal's.

P. do Graffenreid, Assigned Judge. J. B. Sturgis was convicted of the crime of adultery, and sentenced to serve a term of four years in the penitentiary, and appeals.

<p>Appeal from County Court, Choctaw County; W. T. Glenn, Judge.</p> <p>R. P. Smith was convicted of a violation of the prohibitory liquor law, ancl he appeals.</p>

<p>Appeal from District Court, Jefferson County; Cham Jones, Judge.</p> <p>Brooks Andrews was convicted of a violation of the prohibitory liquor laws, second offense, and sentenced to pay a fine of $500 and to serve one year’s imprisonment- in the state reformatory at Granite, and appeals.</p>

<p>Appeal from County Court, Coal County; C. M. Threadgill, Judge.</p> <p>V. Garcia and Mrs. V. Garcia were convicted of a violation of the prohibitory liquor law, and they appeal.</p>

Walter Bowers was convicted of the crime of unlawful possession of intoxicating liquors and his punishment fixed at a fine of $125 and 30 days’ imprisonment in the county jail, and he appeals-

<p>Appeal from Superior Court, Muskogee County; Guy F. Nelson, Judge.</p> <p>W. T. Lewis was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

<p>Appeal from Superior Court, Creek County; Gaylord R. Wilcox, Judge.</p> <p>Dorothy Roy was convicted of keeping a bawdyhouse, and sentenced to pay a fine of $250, and she appeals.</p>

<p>Appeal from District Court, Jefferson County; Cham Jones, Judge.</p> <p>Cole Leddon was convicted of felonious assault, defined by section 2344, Revised Laws 1910, and sentenced to pay a fine of $50- and to serve three months in the county jail, and he appeals.</p>

E. Dudley, Judge. Wilson Smith was convicted of the crime of embezzlement, and sentenced to serve a term of turn years’ imprisonment in the state penitentiary, and he appeals.

<p>Appeal from Superior Court, Creek County; Gaylord R. Wilcox, Judge.</p> <p>Dade Hughes was convicted of the crime of unlawful possession of liquor, and his punishment fixed at a fine of $500 and six months’ imprisonment in the county jail, and he appealed.</p>

<p>Appeal from District Court, Choctaw County; O. E. Dudley, Judge.</p> <p>Henry Andrews was convicted of robbery, and he appeals.</p>

Wilcox, Judge. J. M. Smith was convicted in the superior court of Creek county of the crime of unlawful possession of intoxicating liquor, and sentenced to serve a term of 30 days in the county jail and to pay a fino of $100, and he appeals-

P. Brown, Judge. Prank Bornheim was convicted of keeping a house of ill fame, alnd sentenced to pay a fine of $500, and he appeal's.

<p>Appeal from County Court, Oklahoma County; AVm. H Zwick, Judge.</p> <p>O. H. Jones and Mrs. C. H. Jones were convicted of a violation of the prohibitory liquor law, and they appeal.</p>

<p>Appeal from County Court, Oklahoma County; Wm. H. Zwick, Judge.</p> <p>Bert Shadrick was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

<p>'Appeal from County Court, Oklahoma County; Wm. H. Zwick, Judge. •. •</p> <p>C. H. Jones was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

<p>Appeal from County Court, Oklahoma County; Wm. H. Zwick, judge. ' •</p> <p>AÜispn Shadrick was convicted of a violation of the prohibitory lijquor law, and appeals.</p>

<p>Appeal from County Court, Tulsa County; H.. L. Standevcn, Judge.</p> <p>■ Lawrence Freeman was convicted of a violation of the prohibitory liquor law, and appeals.</p>

<p>Appeal from County Court, Kay County; H. S. Burke, Judge.</p> <p>Charles A. Wilhite and Catherine M. Wilhite were convicted of unlawfrllv settling on land and fined $50 each, and each appeals.</p>

<p>Appeal from County Court, Tulsa County; H. L. Standeven, Judge.</p> <p>G. Belchner was convicted of a violation of the prohibitory law, and appeals.</p>

<p>Appeal from County Court, Bryan County; Lewis Paullin, Judge.</p> <p>R. E. Whatley '-as convicted of a violation of the prohibitory law, and he appeals.</p>

Zwick, Judge. Dick Thayer was convicted of the crime of conveying intoxicating liquors, and sentenced to pay a fine of $300 and to serve 60 days in the countv jail, and he anneals.

<p>Petition by F. M. Van Fleet for writ of habeas corpus.</p>

<p>Appeal from County Court, Comanche County; R. J. Ray, Judge.</p> <p>Joe Cumeo was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

<p>Appeal from District Court, Greer County; T. P. Clay, Judge.</p> <p>Charlie Sands was convicted of a violation of the prohibitory liquor law, and appeals.</p>

<p>Appeal from District Court, Canadian County; Geo. W. Clark, Judge.</p> <p>Richard Mogg was convicted of grand larceny, and he appeals.</p>

L. Swigert, Judge. Bessie Thompson was convicted of the crime of keeping, a báwdy-house, and her punishment, fixed at a fine of $100, and she appeals.

<p>Appeal from District Court, Carter County; W. F. Freeman, Judge.</p> <p>J. F. Kincheloe was convicted of forgery, and he appeals.</p>

<p>Appeal from District Court, Jefferson County; Cham Jones, Judge.</p> <p>H. G. Autry was convicted of assault, and he appeals.</p>

<p>Appeal from District Court, Stephens County; Cham Jones, Judge.</p> <p>Willis Ridley was convicted of burglary, and he appeals.</p>

<p>Appeal from County Court, Cotton County; J. C. Norman, Judge.</p> <p>Walter Dobbins was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

Henry Sullivan and Boss Neal were charged by indictment with the crime of conspiracy. Prom a judgment sustaining a demurrer to the indictment, the State appeals.

<p>Petition by L. M. Mendenhall for writ of habeas corpus to be admitted to bail.</p>

<p>Appeal from County Court, Tulsa County; H. L. Standeveii, Judge.</p> <p>Joe Hastings was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

<p>Application by Roy Kirk for writ of habeas corpus.</p>

<p>Appeal from County Court, Tulsa County; H. L. Standeven, Judge.</p> <p>H. J. Tearney was convicted of tlie unlawful possession of intoxicating liquors, and lie appeals.</p>

<p>Appeal from County Court, Bryan County; Lewis Paullin, Judge.</p> <p>. Z. D. Lamb was convicted of a violation of the prohibitory laws, and he appeals.</p>

<p>Appeal from County Court, Tulsa County; H. L. Standeven, Judge.</p> <p>Lafe Lewellen was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

<p>Appeal from County Court, Tulsa County; H. L. Standeven; Judge.</p> <p>Billy Miles was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

<p>Appeal from County Court, Tulsa County; H. L. Standeven, Judge.</p> <p>A. B. Jeffries was convicted of a violation of the prohibitory liquor law, and he appeals.</p>

<p>Appeal from County Court, Comanche County; R. J. Ray, -Judge..</p> <p>George Julian was convicted of a violation of the prohibitory liquor law, and he ajppeals.</p>

C. Thurman, Judge. Morris Brown and Tom Mundy were jointly informed against for knowingly and unlawfully having possession of intoxicating liquors and defendant Mundy was acquitted, and defendant Brown was convicted, and the latter appeals.

<p>Appeal from County Court, Payne County; Freeman E. Miller Special Judge.</p> <p>Nelius Riley was convicted of wife abandonment, and sentenced to pay a fine of $100, and he appeals.</p>

<p>Appeal from District Court, Jefferson County; Cham Jones, Judge.</p> <p>John Porter was convicted of assault with intent to do bodily harm and he appeals.</p>