Volume 6 — Oklahoma Criminal Reports

A. Richardson, Judge. ' W. W. Warren was convicted of the offense of manslaughter in 'the first degree, and his punishment was assessed by the jury at imprisonment in the state penitentiary at McAlester for a period of 10 years, and he appeals.

<p>•HOMICIDE — Plea of Guilty — Punishment—Validity of Statute.' The statute providing (sec. 2275, Snyder’s Stat.) that upon a plea of guilty of murder the court shall determine whether the defendant shall be punished by death or _ by imprisonment for life at 'hard labor is constitutional and valid, and where a defendant who has been informed against for a capital crime in a court of competent jurisdiction pleads guilty, such court is authorized to pronounce judgment and sentence against such defendant according to law. In such a case there is no issue to be submitted to a jury.</p> <p>(Syllabus by the Court.)</p>

<p>TRIAL — Instructions—Definition, of Offense. It is the duty of the trial court to instruct the jury as to the law of the case on trial, and this includes a definition of the offense sufficient to inform the jury what facts are necessary for the proof to establish in order to justify them in finding a verdict of guilty, and when this is not done a conviction had will be set aside.</p> <p>(Syllabus by the Court.)</p>

<p> Appeal from County Court, Tulsa County; N. J. Gubser, Judge. </p> <p>Ed Bowman was convicted of violating the prohibitory law, and appeals.</p>

<p>TRIAL — Misdemeanors—Presence of Accused, (a) When a person is placed on trial in a court of competent jurisdiction in this state charged with a misdemeanor, the punishment for which is a fine only, the trial may be had without the presence of such person.</p> <p>(b) When a person is placed on trial on a misdemeanor charge, the minimum punishment for which includes imprisonment, it is necessary for such person to be present in person during such trial.</p> <p>(Syllabus by the Court.)</p>

<p> Appeal from District Court, Stephens County; Prank M. Bailey, Judge. </p> <p>J. T. Morris was convicted ’ of manslaughter, and appeals.</p> <p>J. T. Morris, plaintiff in error (hereinafter designated the defendant) was indicted in the district court of Comanche county, territory of Oklahoma, on the 24th day of September, 1907, for the murder of George Bordner. Subsequent to the return of said indictment that portion of Comanche .county, territory of Oklahoma, in which it was alleged said homicide had occurred, was placed within the boundariés of Stephens county, state of Oklahoma, as designated by the Constitution of the state.</p> <p>Thereafter, to wit, on the 6th day of January, 1908, upon the application of the defendant for a removal of the case from Comanche county to Stephens county, Oklahoma, the district court of Comanche county made an order transferring the case -to the district court of Stephens county, and under said order the clerk of the district court of Comanche county transmitted to the clerk of the district court of Stephens county a transcript of all records and proceedings had in said cause in Comanche county. And the defendant was by the sheriff of Comanche county delivered to th.e sheriff of Stephens county to be held subject to the orders of the district court of the Fifteenth judicial district.</p> <p>Thereafter, to wit, on the 3rd day of March, 1908, an order was made by the judge of the district court for the Fifteenth judicial district allowing the defendant bail in the sum of fift.een thousand dollars, and on said day said bond was executed by the defendant and his sureties and approved by the clerk of the district court of Stephens county.</p> <p>A trial was had which resulted in a mistrial. On November 2, 1908, the second trial of said cause was begun in the district court of Stephens county, and on November 7th the jury returned into open court their verdict finding the defendant J. T. Morris guilty of manslaughter in the first degree. Motion for a new trial was duly filed.</p> <p>November 19, 1908, the motion for a new trial was by the court overruled. To which action of the-court the defendant then and there duly excepted, and judgment was .pronounced and entered. The defendant was sentenced to be confined in the state penitentiary 'at Lansing, in the state of Kansas, for a term of seven years at hard labor.</p> <p>From which judgment the defendant appealed by filing in this court on November 4, 1909, a petition in error with case-made attached.</p> <p>The facts briefly stated are as follows:</p> <p>The deceased and the defendant lived for several years on adjoining farms about two miles west of Comanche. The farms were separated by a barbed wire fence. The defendant lived about a quarter of a mile north of where the shooting occurred. The road south from defendant’s'house passed about sixty yards from’ this place, there being a small lot between the road and the place where the shooting occurred. It seems that the live stock of the deceased had been trespassing on the defendant’s land by going through the division fence. On the morning of the tragedy the deceased had put a negro to work for him cutting stalks, and then went over to the place of the shooting for the purpose of repairing the division fence. The particular point at which he was at work was on the east side of the lot referred to. The deceased was in his shirt sleeves and had heavy gloves on, a small hammer and an alligator wrench and a pocket knife in his pants pocket. He was filling the place where his hogs and goats were going under the fence by bringing brush and placing it therein.</p> <p>The defendant came to where he was and remonstrated with him about the manner in which he was fixing the fence, telling him that the work he was doing was practically useless. According to deceased’s dying statement, the defendant used very rough language towards him and when the deceased indicated to the defendant that if he, the defendant, would tend to his own business he would find it a good way to 'get along with his neighbors, the defendant became quite angry, turned away saying,, ‘T will catch you out sometimes and beat hell out of you,” and then walked back to his house, secured his gun, and came back down the road and when he was opposite the point where the deceased was at work passed, into and through the lot over to where the deceased was working. When last seen just before entering the lot he. was carrying the gun on his shoulder walking at a brisk gait. He changed the gun from his shoulder to his arm, walked into the lot, and in about a half-minute from that time the shooting occurred. There were no eyewitnesses, but there were two or three tenant houses on the defendant’s farm which were but a short distance from the place of the shooting, and when the shots were fired, some of these parties ran out and found the defendant walking away and the deceased lying in his field about twenty steps from the line fence. His glove was on his right hand and about six feet from where he fell was the hammer and the glove from his left hand. The deceased stated that, after the defendant returned a few words passed when the defendant made a remark indicating that he was going to kill him. The deceased was at that time in a stooping position, pushing some brush under the fence. The fence was between them. As he raised up, he turned to run, when the first shot was fired, which entered his right arm and the right side of his abdomen, the bullets all ranging forward. As he ran away the second shot was firéd which entered his back between his shoulder blades, and this was the wound that the doctors testified was fatal. The shooting occurred about nine o’clock in the morning. The deceased was’ hollowing for help and one of the defendant’s tenants went toward him and met the defendant, who said to him, “Go up there and do all you can for him.” The defendant returned to his house and another of his tenants, Geo. Curley, came to assist and care for the deceased. Later in the day Mr. Hudlow, Boone, Woolsey and other friends of the defendant went to the scene of the shooting, and, after looking around, an open knife was picked tip near where the deceased fell. These friends of the defendant, after finding the knife, returned to his residence, and one of them holding the' knife up asked, “Did you ever see this before?” The defendant replied that he had seen the knife that morning, down at the place of the killing.</p> <p>On the trial of the case the defendant made no contention that the deceased was attacking him with a knife, but claimed that the deceased had a pistol drawn on him and that he shot to prevent the deceased from shooting him.</p> <p>The deceased died about midnight on the day he was shot.</p>

H. Russell,, Judge. A writ of habeas corpus was allowed upon the application of Charles Kerner; Buck Garrett, chief of police, respondent. From the judgment of-the district court discharging petitioner, respondent appeals.

Bob Thompson was convicted of murder, and appeals. Appellant was convicted of murder in the district court of Jefferson county, and his punishment was assessed at confinement in the penitentiary for life. The facts are fully stated in the opinion. On the trial of the cause the court instructed the jury as follows: “Gentlemen of the jury: In this case the state of Oklahoma prosecutes the defendants, Tom Gilstrap, Press Morgan, and Bob Thompson by information charging murder.

<p>1. FORMER JEOPARDY — Discharge of Jury — Effect — Acquittal. Where a defendant is put upon trial in a court of competent jurisdiction upon an indictment or information sufficient to sustain a conviction, and the jury has been impaneled and sworn to try the case, and the jury is unnecessarily discharged without the defendant’s consent before they arrive at a verdict, such discharge operates as an acquittal of the defendant.</p> <p>2. SAME — Elements of Former Jeopardy. A defendant cannot twice be put in jeopardy of life and liberty for the same offense, but before jeopardy attaches each of the following conditions must exist: First, the defendant must be put upon trial before a court of competent jurisdiction; second, the indictment or information against the defendant must be sufficient to sustain a conviction; third, the jury must have been impaneled and sworn to try the ease; fourth, after having been impaneled and sworn the jury must have been unnecessarily discharged by the court; fifth, such discharge of the jury must have been without the consent of the defendant. When these things concur, then the discharge of the jury constitutes jeopardy and operates as an acquittal of the defendant, and he cannot again be placed upon trial for the same offense.</p> <p>3. HOMICIDE — Venue—Indictment—Place of Death. Where a defendant is charged with murder, the crime, if any, is complete when the fatal blow is struck or the fatal shot is fired, and the district or superior court of such county has jurisdiction to try said offense; and it is altogether immaterial as to whether or not the deceased died in such county, and the place of the death of the deceased need not be alleged, and, if alleged, such allegation would be surplusage .and need not be proven as alleged.</p> <p>4. FORMER JEOPARDY — Plea—Procedure. Where a plea of former jeopardy has been filed and does not involve a disputed question of fact, but merely presents a question of law for the determination of the court, it is not necessary to submit such plea to the consideration of the jury, but the court should pass upon the question of law presented, and either sustain the plea and discharge the defendant, or overrule the plea and place the defendant upon trial upon the merits of said cause.</p> <p>(Syllabus by the Court.)</p>

M. Sandlin, Judge. The plaintiff in error, William Dalton, was informed against, tried, and convicted of the crime of having Unlawfully in his possession intoxicating liquors with the intention of selling the same. The trial was ha.d without objection before a jury composed of 6 men. He was found guilty, and on October 30, 1909, was sentenced to serve a term of 30 days in the county jail and pay a fine of $100 and costs, and brings error.

<p>Application by Paris Rupert for writ of habeas corpus.</p>

<p>On petition for rehearing.</p>

<p> Appeal from' Pittsburg County Court; R. W. Higgins, Judge. </p> <p>John Silva was convicted of violating the prohibitory law, and appeals.</p>

<p> Appeal from District Court, Atoka County; A. T. West, Judge. </p> <p>On rehearing.</p>

<p>1. LABCENY — Evidence—Sufficiency. For facts fully sustaining a conviction for grand larceny, see opinion.</p> <p>2. APPEAL AND EBBOB — Presenting and Beserving in* Lower Court Grounds of Beview. Errors occurring during the trial cannot be considered by this court unless they were incorporated in the motion for a new trial, and thereby submitted to the trial court, and its ruling thereon excepted to, and afterwards assigned for error in this court.</p> <p>(Syllabus by the Court.)</p>

<p> Appeal from Beaver County Court; R. A. Dickson, Judge. </p> <p>Lawrence Owens was convicted of a misdemeanor, and he appeals.</p>

<p>1. APPEAL AND ERROR — Judgment—Entry, (a) It is the duty of a trial judge to pronounce judgment in accordance with the verdict of the jury, and cause the same to be entered in the journal of the court.</p> <p>(b) It is necessary for such judgment to be entered as provided by law before an appeal can be taken to this court.</p> <p>(c) When a trial court fails to enter judgment as provided by law until after the time fixed by the statute in which an appeal can be perfected, and then does so by a nunc pro tunc order, an appeal may be taken in the manner provided by the statute from the date the nunc pro tunc order is made.</p> <p>2. APPEAL AND ERROR — Loss of Records. When the records of this court show the filing -of proof of service of notices of appeal . with the clerk thereof, and the return showing such service is lost from the papers through no fault of the plaintiff in error, it will be presumed that the service and.proof of service were regular, in the absence of any showing to the contrary.</p> <p>(Syllabus by the Court.)</p>

<p>INDICTMENT AND INFORMATION — Transfer From District Court. The district court has no power to receive, file, or take cognizance of an information charging a misdemeanor; and an information charging a misdemeanor filei). in the district court cannot be transferred to the county court, but must be dismissed.</p> <p>(Syllabus by the Court.)</p>

<p> Appeal from District Court, Pottawatomie County; Roy Hoffman, Judge. </p> <p>John Nowakowski was convicted of selling intoxicating liquors to a minor, and appeals.</p>

<p>1. PUNISHMENT — Intoxicating . Liquors — Constitutional and Stat- . utory Provisions. Act March 9, 1909' (Sess. Laws 1909, c. 12, art. 4) see. 2, providing that the punishment for. selling intoxicating liquors to a‘minor shall be imprisonment in the penitentiary " for not less than one nor more than five years, is unconstitutional.</p> <p>2. COURTS — Jurisdiction—Misdemeanor. The offense of selling intoxicating liquors to’ a minor being a misdemeanor, the district court has no jurisdiction of a prosecution therefor.</p> <p>3. COURTS — Jurisdiction — Transfer of Causes. An information charging a misdemeanor, filed in the district court, cannot be transferred to the county court, but must be dismissed.</p> <p>(Syllabus by the Court.)</p>

<p>Application by Bud Wright for writ of habeas corpus.</p>

<p> Appeal froin County Coiirt, Washita Coimty; R. L. Shean, Ridge. </p> <p>J. J. Putman was convicted of the crime of selling intoxicating liquor, and appeals.</p>

<p>Appeal from Jefferson County Court; C. M. Bond, Judge.</p> <p>Ward Síes was convicted of selling whisky illegally, and he appeals.</p>

<p>1. PRELIMINARY EXAMINATION — Order of Commitment — Nature of. A preliminary examination before a committing magistrate, is not a trial, and an order of commitment issued thereon is not “a, process issued on a final judgment.”</p> <p>2. HABEAS CORPUS — Jurisdiction—Legality of Commitment — Probable Cause. The courts exercise a supervising jurisdiction over the proceedings of a committing magistrate by means of habeas corpus, and inquire into the legality of the commitment and the question of probable cause.</p> <p>3. BAIL — Refusal—Commitment for Murder. Evidence examined, and held sufficient to justify the refusal of bail to petitioner committed to answer for the crime of murder.</p> <p>(Syllabus by the Court.)</p>

<p> Appeal from District Court,' Wagoner County; John H: King', Judge. </p> <p>T. J. Crowell was convicted ..of larceny, and brings error.</p>

<p>1. COURTS — Superior Courts — ’’County Courts.” The superior courts created by act approved March 6, 1909 (Laws 1909, c. 14, art. 7),. are not “county courts” as the term is used in section 19 of the Bill of Bights, even where exercising jurisdiction concurrent with the county courts.</p> <p>2. JURY- — Jury Trial — Number of Jurors — Constitutional Law. Under section 19 of the Bill of Bights, which provides that trial by jury shall remain inviolate, and that a jury for the trial of civil and criminal cases in courts of record,’ ofh'er than county courts, shall - consist of twelve men, but in county courts shall consist of six men, the provision in act approved March 6, 1909 (Laws 1909, c. 14, art. 7), establishing superior courts, that all misdemeanor cases shall be tried by a jury of six men, instead of twelve, is void.</p> <p>3. JURY — Jury Trial — Number of Jurors — Waiver. Defendant upon trial in a superior court for a misdemeanor may waive his right to trial by a constitutional jury of twelve men, and upon his written consent in 'person or by attorney may be tried by a jury of six men, but such waiver must be expressly shown by the record.</p> <p>"(Syllabus by the Court.)</p>

<p>APPEAL AND ERROR — Time of Appeal — Extension of Time — Necessity. Though accused in a misdemeanor case procured orders expending the time for making and serving' a ease-made, as required by Comp. Laws 1909, sec. 6951, where the appeal was not taken within 60 days from judgment, and he did not procure an order extending the time for taking an appeal, pursuant to section 6948, requiring misdemeanor appeals to be taken within 60 days, and authorigiag^Ehe trial court for good cause to extend the time for ^^-appeSlnot exceeding 60 days longer, the appeal will be dismissed; it being necessary to comply with both statutes.</p> <p>(Syllabus by the Court.)</p>

<p>Applications of W. E. Dykes and Bob Standifer for writs of habeas corpus to be admitted to bail.</p>

<p>LABCENY — Grand Larceny — Punishment. Grand larceny is punishable by imprisonment in the state penitentiary not exceeding five years, and it is error for the court to instruct the jury that, in case they convict a defendant of grand larceny, the punishment cannot be less than confinement in the penitentiary for one year.</p> <p>(Syllabus by the Court.)</p>

<p> Appeal from ■District Court, Okmulgee County; W. L. Barnum, Judge. </p> <p>Anson W. Morey was convicted of manslaughter, and appeals.</p>

<p>1. HABEAS CORPUS — Scope of Inquiry — Cause of Detention. Under the statute, providing that no court or judge shall inquire into the legality of any judgment or process whereby the party is in custody, or discharge him when the term of commitment has not expired, where the process is issued on a final judgment, the court will only examine the record to determine whether thij term of commitment has expired, and, if not,'the writ will be denied.</p> <p>2. HABEAS CORPUS — G-rounds—Irregularities. Where a judgment and sentence has been rendered and entered and the person sentenced is in custody thereunder, defects in the order of commitment are not available in a habeas corpus proceeding.</p> <p>3. COSTS — Imprisonment for Nonpayment. The power to punish by fine and imprisonment until such fine is paid does not include the power to add to such fine the costs of prosecution, and adjudge that, upon a failure to pay such costs, they shall be satisfied by imprisonment as a part of the fine.</p> <p>4. FINES — Punishment—Working Out Fine. Under Snyder’s Comp. Laws 1909, see. 7794, providing that any person working on the public road in lieu of payment of fine and costs shall be allowed a credit of $1 per day on such fine and costs, where a prisoner works on the county road, he is entitled to a credit of $1 per day in addition to the $2 allowed by section 6917 for imprisonment in satisfaction of the fine.</p> <p>5. COSTS — Constitutional and Statutory Provisions. Snyder’s Comp. Laws 1909, see. 7794, providing that any person working on the public road in lieu of payment of fine and costs shall be allowed a credit of $1 per day on such fine and costs, in so far as it relates to costs, is void.</p> <p>(Syllabus by the Court.)</p>

<p>INDICTMENT AND INFORMATION — Duplicity. An information which attempts to charge separate offenses against an accused not based upon the same transaction is duplicitous, and should be set aside, unless the state elects to go to trial upon one specific count, and dismisses the others.</p> <p>(Syllabus by the Court.)</p>

B. Glaseo, Judge. A. G. Kelly was convicted of having possession of intoxicating liquors with the unlawful intent to sell the same, and he appeals.

<p> Appeal from Ottawa County Court; A. C. Wallace, Pudge pro tempore. </p> <p>Robert Austin was convicted of a violation of the prohibition law, and appeals.</p>

<p>APPEAL AND ERROR — -Failure to File Briefs — Affirmance. Where an appeal is taken to reverse a judgment of conviction, and no briefs are filed or oral argument made, the judgment of the trial court will be affirmed for failure to prosecute the appeal, unless prejudicial error appears on the face of the record.</p> <p>(Syllabus -by the Court.)</p>

<p> Appeal from Kingfisher County Court; John M. Graham, Judge. </p> <p>C. U. Cummins was convicted of resisting an officer, and appeals.</p>

<p>Application of Cicero Steed for a writ of habeas corpus.</p>

<p>BAIL — Bight to — Murder—Mutual Combat. Where persons armed with deadly weapons voluntarily and willingly enter into a combat, knowing or having reason to believe that such conflict will result in the infliction of serious bodily injury or in the death of one or the other of said parties, .and one of said parties is killed in such conflict, the party doing the killing is guilty of murder and is not entitled to bail.</p> <p>(Syllabus by the Court.)</p>

Petition by Dan McDeocl for writ of mandamus to John M. Graham, County Judge of Kingfisher County. Held: commencing on the first Monday of January, April and July, 1911, with the said Honorable John M. Graham presiding as judge of said county court at each and every one of said terms of court, and the said Hon. John M. Graham is the duly elected,‘ qualified and acting judge of said county court, and was at all times heretofore mentioned…

<p> Appeal from District Court, McCurtain County; R. McMillan, Judge. </p> <p>James Kanamaya was convicted of murder, and appeals.</p>

<p>COURTS — Advisory Opinions — Scope. An opinion of the Criminal Oonrt of Appeals, in response to the Governor’s requirement, as authorized by Snyder’s Comp. Laws 1909, sec. 6928, upon a statement showing a conviction requiring judgment of death, is an advisory opinion of the judges, where an appeal has not been taken from the judgment; the scope of the question being whether there has been an observation of all the formalities of law essential to the taking .of human life, and whether the trial, conviction, and sentence of death have been in accordance with the law of the land.</p> <p>(Syllabus by the Court.)</p>

Application, on relation of John Nowalcowski, for writ of mandamus against Ross F. Lockridge, County Judge. The brief for relator clearly stated the case as follows: “On the 11th day of July, 1911, John Nowakowski, the petitioner herein, was being prosecuted in the county court of Pottawatomie county, Okla., for an alleged violation of the prohibitory liquor law of the state of Oklahoma.

<p>Petition of F. T. Martin for writ of habeas corpus.</p>

<p> Appeal from Coal County Court; R. H. Wells, Judge.' </p> <p>Victor Bonham was convicted of violating the prohibitory law, and appeals.</p>

<p>1. JUDGES — Application for Change — Denial. An application for change of judge, made conformably to section 1984, Snyder's-Stat., which section was repealed by section 2012, is insufficient, and was properly denied.</p> <p>2. NEW TRIAL — Grant of New Trial — Former Jeopardy. When a new trial is granted on the motion of the defendant, the granting thereof places him in the same position as if no trial had been had.</p> <p>(Syllabus by the Court.)</p>

<p> Appeal from District Court, Carter■ County; Stilwell H. Russell, Jiidge. </p> <p>C. E. Carter was convicted of embezzlement, and appeals.</p>

<p>Application of I. N, McClure for writ of habeas corpus.</p>

<p>BAIL — Right to Bail — Evidence—Manslaughter. Por facts which could not amount to more than manslaughter for the act of son in killing in defense of his father, see opinion.</p> <p>(Syllabus by the Court.)</p>

'Appeal from District Court, Bryan County; D. A. Richardson, Judge. R. Coleman was convicted of perjury, and appeals. On the 25th day of May, 1908, the grand jury of Bryan county returned into the district court the following indictment: “State of Oklahoma, Bryan County- — ss.: In the district court of the Sixth judicial district of the state of Oklahoma, and held in and for Bryan county, in said state. State of Oklahoma' v. R. Coleman. Indictment.

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.

<p> Appeal from District Court, Greer County; G. A. Brown, Judge. </p> <p>M. D. Suitor was convicted of assault and battery, and appeals.</p>

<p>1. TRIAL — Indorsement of Names of Witnesses on Information. ■Under section 6644 of Snyder’s Comp. Laws 1909, it is error for the court to permit a witness to give testimony in chief in behalf of the state, over the defendant’s objection, if the witness’ name has not been indorsed on the information.</p> <p>2. SAME. Before the county attorney flies an information, he should indorse thereon the names of all state’s witnesses then known to him; if thereafter he learns of other witnesses, he should obtain leave of court and indorse their names- on the information as early as possible. If, after the trial has begun, the county attorney learns of other witnesses whom he did not know of before, upon a proper showing of that fact made to the court, leave to indorse the names, even while the trial is in progress, and to permit the witnesses to testify, may be granted by the court in the exercise of its discretion.</p> <p>(Syllabus by the Court.)</p>

H. Loofbourrow, Judge. J. M. Killough was convicted of burglaxy in the first degree and sentenced to imprisonment for 12'years, and appeals.

D. B. Frcar,, Judge. Henry Flanders was convicted of violation of the prohibition law, and appeals. ■ The plaintiff in error was indicted in the district court of Craig county, wherein he was charged with unlawfully selling whisky to one Noah Miller. The indictment was duly transferred to the county court of Craig county. Upon his trial he was found guilty, and, on February 21, 1910, was sentenced to'be confined in the county jail for a term of 30 days, and pay a fine of $50.

<p>1. CONSPIRACY — Criminal Responsibility — Liability for Acts of Co-Conspirators. Where two or more persons combine together for the purpose of accomplishing some unlawful act, every act or declaration of either of • such persons in pursuance of the common concerted plan and with reference to the common object is, in contemplation of law, the act and declaration of all of them.</p> <p>2. SAME. A conspiracy makes each conspirator liable under the criminal law for the act of each other conspirator- done in pursuance of such conspiracy.</p> <p>3. SAME — The least degree of concert of action or collusion makes the act of one conspirator the act of all.</p> <p>4. SAME — Evidence—Acts and Declarations of Conspirators. Slight evidence of collusion is all'the law requires to admit the acts and declarations of a conspirator in evidence against his co-conspirator.</p> <p>5. SAME. Written correspondence and entries in books and other documents made by one conspirator, having reference to the common object of the conspiracy, are admissible in evidence against a co-conspirator.,</p> <p>6. BAIL — Criminal Prosecutions — Weight of Evidence. For circumstances which require the refusal of bail in' a murder ease, see statement of case and opinion.</p> <p>EVIDENCE — Circumstantial Evidence- — -Sufficiency. The chain -theory with reference to circumstantial evidence repudiated, and the cable theory adopted. ' <1</p> <p>(Syllabus by the Court.)</p>

<p>1. SHERIFFS AND CONSTABLES — Compensation—Service of Subpoena. There is no provision of law in this state requiring the payment of fees in advance to an officer for serving subpoena upon witnesses in a criminal case.</p> <p>2. CONTINUANCE — Absence of Witnesses. Where an application for a continuance shows that the defendant has had process for his witnesses issued in due time, and that such process has been placed in the hands of the sheriff, and the sheriff has refused to serve such process because his fees for so doing were not paid in advance, and where the testimony of such witnesses set out in the application for continuance is material to the defendant, it is error for the trial court to overrule such application for continuance, and force the defendant into trial. But the court should postpone the case to such time as would enable such witnesses to be served, and issue a mandatory order requiring the sheriff to serve the witnesses.</p> <p>(Syllabus by the Court.)</p>

<p>APPEAL — Conviction of Misdemeanor — Time of Taking Appeal. Comp. Laws 1909, see. 6948, nrovides that appeals from misdemeanor cases must be taken within 60 days after judgment rendered, but that the court may, for good cause, extend the time, not exceeding 60 days. Held, where, for good cause shown, the statutory time is extended, the record must affirmatively show such extension, and tha* the order was made before the expiration of 60 days after judgment rendered.</p> <p>(Syllabus by the Court.)</p>

<p> Appeal from District Court, Haskell County; Malcolm R. Rosser, Judge. </p> <p>Wiley Braswell was convicted of the crime of rape, and appeals.</p>

<p> Appeal from Custer County Court; A. H. Latimer, Judge. </p> <p>Abe Green was convicted of violation of the prohibition law, and appeals.</p>

King, Judge. Arthur Drew was convicted of larceny, and was sentenced to the penitentiary for three years. From an order denying a new trial, he appeals.

<p>1. HOMICIDE — Justification—Homicide in Making Arrest. A peace officer has no lawful right to shoot and kill a person that is attempting to escape arrest for a minor offense, by running away, and, if he does so, he will be guilty of murder or manslaughter as the case may be.</p> <p>2. HOMICIDE — Justification—Homicide in Making Arrest. A peace officer in attempting to arrest a person for an offense less than a felony cannot shoot or kill, unless the offender resists to such an extent as to place the officer in danger of loss of life or great bodily harm.</p> <p>(Syllabus by the Court.)</p>

<p> Appeal from Coal County Court; D. D. Brunson, Special Judge. </p> <p>G. A. Johnston was convicted of violating the prohibitory law, and appeals.</p>

<p> Appeal from District Court, Oklahoma County; John J. Carney, Judge. </p> <p>Richard Madison was convicted of manslaughter, and appeals.</p>

<p> Appeal from Superior Court, Pittsburg County. </p> <p>Myrtle Smith was convicted of manslaughter, and appeals. Heard on motion for bail.</p>

<p>TRIAL — Verdict—Sufficiency. Under Snyder’s Stat., section 6878, where the jury returns an informal verdict of guilty, it is the duty of the court with proper instructions as to the law to direct them to reconsider it, and it cannot be recorded until it be rendered in proper form. The jury returned the following verdict: “AVe, the jury, drawn, impaneled, and sworn in the above entitled cause, do upon our oaths find the defendant guilty as charged in the indictment herein, and impose a fine of $50.00, and recommend that the court suspend the jail sentence.” The court overruled defendant’s motion to direct the jury with proper instructions to reconsider this informal verdict. Held, that the verdict returned is insufficient to support a judgment of conviction and sentence.</p> <p>(Syllabus by the Court.)</p>

<p>1. APPEAL AND ERROR — Sufficiency of Record — Presumptions. Where it is not shown by the record that the court appointed a time for pronouncing judgment, or that for this reason objection was made by defendant before judgment was rendered, it will be presumed that the judgment was pronounced at a time appointed by the court in conformity with the requirements of the statutes.</p> <p>2. TRIAL — Verdict of Guilty — Pronouncing Judgment. Sections 6901 and 6902 (Snyder’s Stat.), Procedure Criminal, prescribing that after a verdict of guilty is returned the court must appoint a time for pronouncing judgment at least two days after the verdict, if the court remains in session so long, are intended to guard the rights of defendant from a hasty judgment, and _ to give the defendant sufficient time to prepare and file a motion for a new trial, or in arrest of judgment.</p> <p>(Syllabus by the Court.)</p>

<p>1. APPEAL AND ERROR — Record—Arguments of Attorneys — Review. The argument of attorneys to the jury is a part of the trial of a cause, and improper statements, made by an attorney in such argument in open court, and in the presence of the trial judge, to be reviewed by an appellate court, must be shown by proper recitals in the case-made or bill of exceptions, approved and certified to by the trial judge, and cannot be shown by affidavits.</p> <p>2. TRIAL — Transcribing Proceedings — Prejudicial Error. If the attorney' for a defendant requests the trial court to direct the court stenographer to take down and transcribe any statement of attorneys, or other proceedings occurring in the presence of the court which constitute a part of the trial, for the purpose of incorporating such statement in the ease-made, and the court refuses to comply with this request, -this may be shown by affidavits or other competent evidence; and such refusal, when so shown, will be held to be prejudicial error, without regard to the merits of the question, because it involves the right of a defendant to prepare and present a fair statement of what occurred in the trial court for review upon appeal.</p> <p>3. APPEAL AND ERROR — Petition in Error. A petition in error is the means by which questions are brought up and presented from the trial, court to the appellate court; and the appellate court is not required to consider errors occurring during a trial, unless such errors are incorporated in the petition in error.</p> <p>(Syllabus by the Court.)</p>

<p>1. INDICTMENT AND INFORMATION — Requisites of Information- — -Necessity of Preliminary Examination or Waiver. Section 17, Bill of Rights, prescribes: “No person shall be prosecuted for a felony by information without having had a preliminary ■ examination before an examining magistrate, or having waived such preliminary examination.” Held, that under the constituí tional provision the precedent fact that a preliminary examination has been had or waived constitutes a jurisdictional basis for a prosecution on information in the district court. It is the fact that there was a preliminary examination, or a waiver .thereof, and a judicial determination thereon by the examining magistrate that a felony has been committed, and that there is probable cause to believe that defendant is guilty thereof, that, confers jurisdiction on the district court and authorizes the county attorney to file an information in said court charging the crime committed according to the facts in evidence on such examination; or for the offense charged in the preliminary information when such examination has been waived by the defendant.</p> <p>2. INDICTMENT AND INFORMATION — Requisites of Information —Indorsements. When a defendant is held and committed for trial upon a preliminary examination, section 6629, Code of Criminal Procedure, prescribes that: "The magistrate must in like manner indorse on the information an order signed by him,” to that effect. In this ease a preliminary examination was had, and the defendant held and committed for trial to the district court. This order was entered on the magistrate’s docket, but was not indorsed on the information. Held that, even though the examining magistrate failed to indorse his finding and order on the preliminary information, the district court had jurisdiction to order that a proper indorsement be made.</p> <p>8. INDICTMENT AND INFORMATION — Requisites of Information —Allegation as to Preliminary Examination. The fact that there has been a preliminary examination or a waiver thereof need not be stated or averred in the information, or shown affirmatively by the prosecution. That the defendant did not have a preliminary examination is a fact to be established on a plea in abatement or on a motion to quash; otherwise all essential preliminary proceedings will be presumed.</p> <p>(Syllabus by the Court.)</p>

B. St. Clair, Judge. A. Smith was convicted of keeping a disorderly house, and appeals. Appellant was prosecuted by information for keeping a house for persons to visit for unlawful sexual intercourse.

Appeals from Payne County Court; P. D. Mitchell, Judge. Homer Jordan was convicted on two indictments for violating the prohibitory law, and appeals.

<p>Appeal from Oklahoma County Court; Sam Hooker, Judge.</p> <p>H. E. Boucher was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from District Court, Caddo County; G. A. Brown, Judge.</p> <p>James Myers was convicted of statutory rape, and appeals-</p>

T. West, Judge. M. D. Chappell was convicted of arson, and appeals. In the trial of this case, the following testimony was admitted : Testimony of Mrs. A. C. Inge, for the state: “When I am at home, I live at Henryetta; that’s where my daughter lives. Know defendant. Before July 12, 1908, I had been staying with Mr. Chappell part of the time, and with my daughter part of the time, and I think we were at McGee in 1908, I believe; I don’t know.

<p> Appeal from District Court, Coal County; A. T. West, Judge. </p> <p>W. H. Stouse and another were convicted of manslaughter in the first degree, and appeal.</p> <p>The plaintiffs in error were, by indictment, jointly charged as having, on the 25th day of December, 1908, in Coal county, feloniously, without authority of law, and with premeditated design, killed one J. T. Bunch. The record shows that there were some 10 persons who claim to have been eyewitnesses to the tragedy.</p> <p>The proof on the part of the prosecution tends to show the following facts:</p> <p>Geo. Wheeler, the first witness called for the state, testified: That he was talking to the deceased just before the shooting commenced. That the defendants were passing along the street, and Stouse spoke to Dud Jackson, a cousin of the deceased, and told him to be less boisterous. The deceased was walking across the street at the time, and said to the defendants, “Now, if you fellows are game, go and get him. He has hollowed again.” The defendant Stouse said, “No; we will get you;” and the deceased said, “No; you won’t;” and the defendants both drew their guns and shot the deceased five or six times, killing him instantly. That, when the first shot was fired, the deceased fell, and several shots were fired while he was down. That the defendant Stouse said, “Now you will give up, won’t you.” That he did not see a gun in the hand of the deceased.</p> <p>John Adair testified that he went to the defendant Stouse’s house with Geo. Causey and Ed Wooten about 11 o’clock, and both the defendants were there, and Stouse had a bottle of whisky and offered Geo. Causey a drink; that the defendants appeared to be drinking; that he heard the defendant Kennedy make a threat against the life of the deceased, but did not remember whether it was right at that time; that he had heard Kennedy more than once threaten the life of the deceased; that Kennedy told him that he would kill the deceased if he ever got a chance; that such threats were made by Kennedy off and on for a year and a half before the killing; that shortly after the killing Kennedy told him that he hated to have done it, but it did not bother him like he thought it would.</p> <p>Dr. Frank Bates testified that he was called as a physician, and found Bunch dead; that he made an examination to see what the cause of his death was; that there was a gunshot wound under the arm which went straight through the body; that there were two wounds in the abdomen and four on the left leg.</p> <p>Joe Cathcart testified that in October or November preceding the tragedy the defendant Kennedy stated to him “that he and Bunch were kin folks, and had right smart of trouble, and the last trouble he had he told him if he ever spoke to him again he would kill him.”</p> <p>Mrs. Ester Myers testified that she knew the deceased in his lifetime, and the defendants; that her home is about 100 feet from where the killing occurred; that she heard four shots and went to the window, and saw the deceased lying in the middle of the street, and Mr. Stouse standing at his feet with two six-shooters in his hand, and Mr. Kennedy, standing at his side, fired one more shot, the last shot that was fired, and it looked like it might go through Mr. Bunch’s 'side. That she heard Stouse say, “Keep him off, or I will kill him;” that she did not know what he meant unless it referred to Dud Jackson; that the defendants walked away, and she went to where Mr. Bunch was lying; that she did not see anything in his hands.</p> <p>Herman Whitt testified that he lived about 100 yards f/om where the killing occurred; that he was looking at the defendants and deceased when the shooting occurred; that the defendants-were both shooting; that the deceased fell down, and that, after •he fell, the defendant Kennedy fired one or two shots; that he could not tell whether the deceased had a pistol or not.</p> <p>Frank Bogsden testified that about a year before, he heard the defendant Kennedy say, speaking of the deceased: “We had trouble once. I told him, if he ever spoke to me or came to my house, I am going to throw lead bullets in him, and by God, I mean to make my word live.”</p> <p>Guy Bounds testified that he was on the porch of Mr. Acock’s house, about 50 yards from where the killing took place; that the defendants were coming up on the north side of the street when they met the deceased, who was standing in the middle of the street; that the defendant Stouse walked out into the street where the deceased was; that he could not hear what was said, but the deceased hit at him, and Stouse drew his gun, and went to shooting; that Kennedy then commenced shooting; that there were six or seven shots fired.</p> <p>Mrs. Freelove Bunch testified that she was the mother of the deceased; that, hearing the shooting, she went- to where her son was and went up to him, and asked him if he could speak, and, when she raised him up, Bill Stouse was standing with both pistols leveled down on him; that Stouse said, “Mrs. Bunch, I hated to do this as bad as you do', but I had to do it”; that some one asked Kennedy who did it, and he said: “I am the fellow that killed him. I am the man that killed him.”</p> <p>Several witnesses testified that they had heard the defendant Kennedy at various times threaten to kill the deceased.</p> <p>On behalf of the defendants, Jim Skeith testified that he is a brother-in-law of the defendant Stouse, .that he saw the defendants and the deceased when they met; that he saw Bunch strike at Stouse with his fist; that he was looking through a window then, and he stepped out on the porch and saw Bunch strike at Stouse again; that he saw him strike three times; that Stouse said, “Baldy, go on and behave yourself. I do not want to have any trouble with you;” that Bunch stepped back, and said, “You God damn bully sons of bitches. I will kill both of you,” and run his hand in his pants and drew a gun and fired at Stouse; that the next thing all of them were firing their guns about the same time; that Bunch stood until he fired two shots, and then staggered, and fired another shot and fell, and then fired another shot after he fell, that Stouse then threw his gun down on Bunch, and says, “Baldy, don’t fire any more, throw that gun down. I do not want to kill you;” that Stouse picked up a gun from the street and carried it off with him; that the shooting occurred about 1 o’clock.</p> <p>Iva Stouse testified that she was a step-daughter of Jim Skeith, and the defendant “W. H. Stouse is my. uncle”; that she was standing on the porch when her uncle and Mr. Kennedy met the deceased, who was in the middle of the street; that he came up near to where the defendants were and said, “Oh, you bullies, you sons of bitches, I am going to shoot you both;” that he drew back and struck three licks at her uncle and jerked his gun and fired two shots; that the defendants drew their guns and fired three shots apiece, and, after he fell, he raised up on his left shoulder and fired two more shots; that the -first and the last shot was fired by the deceased; that she did not hear the defendants say anything.</p> <p>Bessie Williams testified that she was at Jim Skeith’s, visiting Iva Stouse, and was on the porch when the shooting took 'place; that she saw the defendants when they met the deceased, and the first thing that happened the deceased pulled a gun out of his right hip or some place on the right side and fired twice; that she did not see any other shooting. On cross-examination she stated that she did not hear more than two shots.</p> <p>Delbert Wise testified that he was standing on the street when the defendants came walking up the sidewalk, and Mr. Bunch came walking down the middle of the street, and Mr. Jackson -was going down the street, hollowing, and Stouse said, “Dud, don’t start any disturbancethat* Mr. Bunch then said that, “if you sons of bitches, if you feel like starting it,” and struck at Mr. Stouse; that after he struck him the shooting commenced and he ran; that Mr. Bunch fired the first shot.</p> <p>Hilda Robertson testified that she witnessed the tragedy, and when the deceased met the defendants, Mr. Stouse told him that “he did not want to have any trouble with him,” to go on and have a good time, he “did not want to have any trouble with him;” that Bunch said, “You damn sons of bitches, I will kill you,” and then he shot at Mr. Stouse; that she did not see any other shooting, although she stood on the porch until after it was over with.</p> <p>'Mr. Trice, counsel for the defendants, then stated: “We have been surprised in this witness. I believe we have a right to lead.” In response to leading questions, she then stated she saw Mr. Stouse shoot once, and that she saw Mr. Bunch shoot twice after he fell, and that the last shot was fired by Mr. Bunch.</p> <p>Mrs. Lou Olmstead testified that she saw the defendants and the deceased come together; did not hear what they said, but saw Mr. Bunch hit Mr. Stouse with his right hand; that he struck three times at him, and got his pistol from his bosom and shot at Mr. Stouse; that she could not say how many times Mr. Bunch shot; but he shot twice after he fell; that Mr. Stouse fired a shot, but she did not see Mr. Kennedy shoot; that Stouse picked up a pistol from the street, and then walked back to the sidewalk.</p> <p>J. M. Wilson testified that he was a justice of the peace in Coalgate; that Kennedy was his constable and Stouse was his deputy; that Kennedy was a city marshal; that he saw the.two defendants about 11 o’clock, and they were duly sober to the best of his knowledge; that they drank some weak eggnog at his house before noon; that after the shooting they came to his house, and he examined the three pistols they had. Two of the pistols were loaded all around, and one of them had two loads, four empty chambers in it. He also testified as a character witness for the defendant Kennedy.</p> <p>J. W. Hurst testified that he met the defendants about five minutes before he heard the shooting, and talked with them; that, if they were under the influence of whisky, he could not tell it.</p> <p>Hattie Wise testified that she was the wife of Delbert Wise; that she saw the defendants and the deceased when they met before the shooting; that she did not hear what was said, but Mr. Bunch struck at Mr. Stouse three times; that Stouse pushed him back, and Mr. Bunch fired; that Mr. Stouse then fired; that Mr. Bunch fired two shots before he fell, and two after he fell, one of them being the last shot that was fired; that' her husband was standing on the sidewalk close to Mr. Stouse at the time; that she is the daughter of Mrs. Dou Olmstead;. that the deceased was wearing an overcoat, but she did not see where he took the pistol from.</p> <p>W. H. Stouse testified on behalf of himself and his codefendant, that he was 43 years of age; that at the time of the homicide he was city marshal or chief of police of Coalgate; that the defendant Kennedy took dinner with him that day at his home; that they then walked downtown and met Mr. Bunch coming across the street. To use his own language, he then stated:</p> <p>“When they got up tolerable close, he made a remark: “There is them two bully sons of bitches; I want both of them;’ and when he said that he grabbed his coat — he had on an overcoat and a dress coat — and started to throw it back, and I laid my hand on his arm. I says, ‘Go on.’ He just threw his hand up like that, and threw his coat backward, and says, ‘God damn you,’ and struck. I just guarded the lick off, and, when I done that he made the next pass, at me, I threw my hand against him, and, when I pushed him back, and when I straightened up the next time he had a gun. I don’t know where he got it. When I first saw it as I straightened up, he had it, and I hadn’t more than saw it till he pulled the trigger.”</p> <p>That he then fired another shot toward him.</p> <p>“O. What next happened? A. When he fired the next shot, of course, I was getting my gun out, and, when he -fired the next shot, I had my gun out. I dodged back, the smoke and powder in my eyes, and, as I straightened, the three shots, the one I supposed he shot at Kennedy, and my shot and Mr. Kennedy’s shot, I reckon they all three, went together. Q. Then what next happened? A. When I fired the first shot, he staggered back it seemed to me about two steps to the best of my knowledge. The first shot I fired I just jerked my gun, and threw it .right down, and fired. It wouldn’t have hit — in my judgment it wouldn’t have hit him in the body. I didn’t have my gun high enough. As we all three fired, he started and just sort of sank down. I couldn’t tell whether he was falling or squatting, but, as he squatted down, I fifed my last shot. I fired just as he stepped back, before he squatted down. I shot again after he fired a shot, and then you might say we practically all three shot together, and when that shot was fired, he fell to the ground on his left side, and, as he fell, he dropped on the ground like that, and threw his gun on his hip, and fired his gun, and, when he done that, I threw my gun on him, and said: ‘Baldy, drop that gun. I don’t want to kill you, but I will have to.’ He looked at me, and let it go, and it fell, and I reached over him and picked up his six-shooter, and went to the sheriff.”</p> <p>On cross-examination he testified that he was duly sober, that he had only drank about half a glass of eggnog at Judge Wilson’s, and a half bottle of beer at home.</p> <p>J. E. Kennedy testified on his own behalf and on behalf of his codefendant: That he was a constable of Coalgate township. That on the day in question, when they met the deceased, he heai'd him say: “Both of you bully sons of bitches can’t run me off the street. I am out here to get both of you sons of bitches.” That Stouse asked him to behave himself, and kind of put his hand out, and witness stepped a couple of steps beyond Stouse, and" was standing with his hands behind him, and the deceased, standing in the street, put hi-s right foot on the sidewalk, and says, “God damn you, Bill Stouse,” and struck at him two or three times, and then j erked a gun from somewhere in front of him, “somewhere from his hip like that,” and fired at Stouse; that he stepped up. and says, ‘Baldy, for God’s sake don’t do that,’ and he said, ‘You son of a bitch, I want you, too,’ and flung his gun on me. I reached for my gun, and me and Bunch fired together, and I fired three straight shots as fast as I could;” that the deceased fired one shot after he fell on the ground; that that was the last shot fired; that he shot the deceased in self-defense to save his own life; that his wife and the wife of the deceased were sisters; that, when his wife separated from him, she went to the. home of deceased on their father-in-law’s place; that the next time they separated that his wife went to her father’s; that shortly thereafter she returned to witness; that he did not make the threats to kill the deceased as testified to, but did warn him to keep away from his place.</p> <p>Upon the trial the jury returned a verdict finding the defendants guilty of manslaughter in the first degree, and assessing their punishment at -imprisonment in the penitentiary for six years and six months. July 12, 1909, judgment and sentence was pronounced and entered in accordance with the verdict.</p> <p>To reverse the judgment and order denying a new trial, the defendants appealed by filing in this court on January 11, 1910, their petition in error with case-made.</p>

<p>1. WITNESSES — Examination—Cross-Examination—Scope and Extent. On cross-examination a witness may be asked any question the answer to which would tend to test his means of knowledge, his intelligence, the reliability of his memory, or his bias, prejudice, or interest in the case.</p> <p>2. WITNESSES — Instructions—Credibility. An instruction is improper which directs a jury that, if they find from the testimony that any witness has wilfully testified falsely as to any material fact, in the case, they are at libert; to disregard the testimony of such witness except in so far as the same may be corroborated by other credible evidence; the true rule being that the jury are the exclusive judges of the credibility of witnesses and the weight of the evidence, and the value to be given to their testimony, and they may, if they think proper, reject the whole</p> <p>of the testimony of such witness, who they may find has wilfully testified falsely to a material fact, or may give it such weight where it has been corroborated by credible evidence as they may deem it entitled to have.</p> <p>(Syllabus by the Court.)</p>

<p> Appeal from Texas County Court; W. C. Crow, Judge. </p> <p>Carl Ragland was convicted of a misdemeanor, and appeals.</p>

<p>1. COURTS — Statehood—Jurisdiction—District Courts. Under the provisions of the Enabling Act and the Constitution of Oklahoma, the district court of Le Flore county has jurisdiction to try an indictment for the crime of assault with intent to kill, returned by a grand jury of the Central District of the Indian Territory at Poteau, and pending in said court on the admission of Oklahoma as a state, wherein it is charged that said offense had been committed within said district, and the proof is that the offense was committed within what is now Le Flore county.</p> <p>2. STATES — Crimes in. Indian Territory — Admission of Territory — • Prosecution in State — Rights of Accused. While a defendant, charged with the commission of a crime in the Indian Territory before statehood, whose case was pending on the admission of Oklahoma as a state, is entitled, under the Enabling Act and the Constitution of Oldahoma, to a trial under the laws in force in the Indian Territory, he has no vested right of being prosecuted in accordance with the method of procedure that was in force in that jurisdiction beyond those substantial protections which the law then in force gives to him. The substantial right guaranteed by article 6 of the amendments to the Constitution of the United States, which secures a publie trial by an impartial jury of the state and district wherein the crime charged has been committed, is a right to a trial by an impartial jury of 12 men from within such district, or any part thereof.</p> <p>3. EVIDENCE — Confrontation — Evidence at Committing Examination. The testimony of a witness before a committing court, taken, written, and subscribed to in the presence of the defendant and his counsel, upon proper preliminary proof, including the fact that the witness has since died, may be admitted as evidence against the defendant upon his trial, and the admission of sueli testimony does not disparage or infringe the constitutional right of the defendant to be confronted with the witnesses against him.</p> <p>(Syllabus by the Court.)</p>

<p>1. COURTS — Exercise of Appellate Jurisdiction —■ Mandamus. A mandamus to an inferior court to direct its action in the course of justice is an exercise of appellate jurisdiction.</p> <p>a. COURTS — Jurisdiction—Criminal Court of Appeals — Mandamus.</p> <p>The Constitution and statutes confer exclusive appellate jurisdiction on the Criminal Court of Appeals in all criminal eases, to be exercised in the manner prescribed by law, and the statutes provide that, upon the refusal of a judge in a criminal case to certify to his disqualification, "application may be made to the proper tribunal for mandamus, requiring him so to do.” (Comp. Laws 190.9, sec. 2016). Held, that the Criminal Court of Appeals has exclusive jurisdiction to issue the writ of mandamus to an inferior court in proceedings to disqualify the presiding judge in a criminal case, and that the district courts and the Supreme Court on appeal therefrom are without jurisdiction to allow a writ of mandamus for a change of judge in a criminal case.</p> <p>(Syllabus by the Court.)</p>

o County; Frank M. Bailey, Judge. Joseph Hunter was convicted of crime, and appeals. Appellant was prosecuted by information in the district court of Caddo county for the offense of statutory rape in the first degree, and was by the'jury found guilty of rape in the second degree. His'punishment was assessed-at, imprisonment in the penitentiary for five years.

<p>Application by W. J. Wilson for writ of habeas corpus.</p>

<p> Appeal from Kay County Court; Claude Duval, Judge. </p> <p>Carl Huffman was convicted of misdemeanor, and brings error.</p>

<p> Appeal from Kay County Court; Claude Duval, Judge. </p> <p>G. W. Cook was convicted of a violation of the prohibition law, and appeals.</p>

<p> Appeal from Kay County Court; Claude Duval, Judge. </p> <p>Jack McCarthy was convicted of violation of the prohibitory law, and he appeals.</p>

<p>TRIAL — Verdict—Impeachment. A verdict cannot be impeached by the affidavit or testimony of a juror that he did not agree to the finding, or that a verdict of guilty was found to save the state from paying costs.</p> <p>' (Syllabus by the Court.)</p>

<p>1. INTOXICATING LIQUORS — Unlawfully Conveying Whisky — Indictment. It is not necessary for an information or indictment; charging the unlawful conveyance of whisky from one place to another in this state, to contain an allegation that the whisky is being conveyed for an unlawful purpose, nor for the proof to so show.</p> <p>2. INTOXICATING LIQUORS — Unlawful Purchase — Conveyance. Whisky purchased at an illegal sale cannot be conveyed from the the place of purchase to any other place for any purpose.</p> <p>3. INTOXICATING LIQUORS — Lawful Purchase. A lawful purchase of whisky, as contemplated by our statute at the time this offense is alleged to have been committed, is to be had only by interstate shipment, or from an authorized state dispensary.</p> <p>4. INTOXICATING LIQUORS — Lawful Purchase — Conveyance Within the State, (a) Under the statute, a lawful purchase of whisky cannot be conveyed from one place to another, when such whisky is intended for an unlawful purpose.</p> <p>(b) A lawful purchase of such liquor, intended for lawful purpose, to wit, a person's own use, may be transported or conveyed from one' place to another in this state as may become necessary, so long as no other provision pf the prohibitory act is violated.</p> <p>5. TRIAL — Instructions—Harmless Error. When the testimony of an accused on trial clearly shows his guilt, an erroneous instruction given by the court limiting the application of the law is not sufficient to justify a reversal of the judgment.</p> <p>6. INTOXICATING LIQUORS — Illegal Conveyance — Evidence. In prosecutions for unlawfully conveying intoxicating liquor, the state is only required to show by the evidence beyond a reasonable doubt that the intoxicating liquor charged to have been conveyed, or some portion of it, was conveyed as alleged.</p> <p>(Syllabus by the Court.)</p>

<p> Appeal from Ottawa County Court; W. Y. Quigley, Judge. </p> <p>Perry Johnson was convicted of violation of the prohibition law, and he brings error.</p>

<p>INTOXICATING- LIQUORS — Criminal Prosecutions — Indictment and. Information. An information or indictment which charges an accused with the crime of “furnishing” intoxicating.liquor, should set out the specific acts necessary to constitute an offense; the term “furnishing” being too indefinite.</p> <p>(Syllabus by the Court.)</p>

<p>1. NEW TRIAL — Grounds. When the testimony introduced on behalf of the state is conflicting, and no testimony is introduced on behalf of the accused, and the record discloses errors on the part of the trial court reasonably calculated to mislead the jury, a new trial should be awarded.</p> <p>2.' TRIAL — Conduct in General. The courts are not partisans of the state nor of the accused. It is their duty to preserve and protect the rights of each in a fair and impartial manner.</p> <p>(Syllabus by the Court.)</p>

<p>Application for writ of habeas corpus.</p>

<p> Appeal from District Court,, Logan County; A. H. Huston, Judge. </p> <p>Jinks McGill was convicted of receiving stolen property, and appeals.</p>

<p>ARRAIGNMENT AND PLEAS — Withdrawal of Plea of Guilty — Discretion of Court — Right to Trial by Jury. A motion in a misdemeanor case to withdraw a plea of guilty and to substitute therefor a plea of not guilty is addressed to the sound discretion of the court. ' Consequently its decision will not be disturbed, unless an abuse of discretion appears. In a felony case, and especially in a capital case, if the defendant pleads guilty without the benefit of counsel, or was influenced to enter such plea either by his counsel, or by the prosecution, or by act of the court, he should be accorded the right of trial by jury, by permitting him at any time before judgment to withdraw his plea of guilty and substitute therefor a plea of not guilty.</p> <p>(Syllabus by the Court.)</p>

<p>APPEAL AND EREOB. — Failure to File Briefs — Affirmance. When an appeal is taken to this court, and no brief is filed and no appearance made for oral argument, such appeal will be treated as abandoned, and on motion of the Attorney General will be affirmed.</p> <p>(Syllabus by the Court.)</p>

<p>HOMICIDE — Evidence—Felonious Assault.. The evidence upon a trial for assault with intent to kill examined, and held sufficient to-support a verdict convicting the defendant of a felonious assault.</p> <p>(Syllabus by the Court.)</p>

T. Johnson, Judge. B. B. Bivens, plaintiff in error, was convicted of the crime of grand larceny, and sentenced to serve a term of one year and one day in the penitentiary, and appeals.

<p> Appeal from District Court, McIntosh County; Preslie B. Cole, Judge. </p> <p>Carl Cloyd was convicted 'of manslaughter in the first degree, and appeals.</p>

<p>1. EVIDENCE — Admissibility — Character of Accused. Where a defendant is on trial charged with violating the prohibitory liquor law, it is error for the trial court to refuse to allow the defendant to prove his general reputation in the community in which he resides as to being a law-abiding citizen, and that the defendant did not have the reputation of being a whisky peddler, or a person engaged in the business of violating the prohibitory liquor law.</p> <p>2. WITNESSES — Corroboration. Where the testimony of a witness is contradicted in the trial of a cause, it is competent, for the purpose of supporting his testimony, to introduce evidence as to . the general reputation of the witness for truth and veracity.</p> <p>(Syllabus by the Court.)</p>

H. King, Judge. L. B. Gritts was convicted of forgery, and his punishment assessed at confinement.in the penitentiary for three years, and he appeals.

R. Taylor, Judge. James Holmes was convicted of murder, and appeals. On the 3d day of April, 1911, in the district court of Oklahoma county, the following verdict was returned against appellant : “We, the jury, drawn, impaneled, and sworn in the above-entitled cause, do upon our oaths find the defendant, James Holmes, guilty of murder in the manner and form as charged in the Information, and fix his punishment at death. T. I).

<p>1. CONTINUANCE — Absence of Witness — Diligence. A motion for continuance based on. the absence of a witness who has not been served with process and who has left the jurisdiction of the court should be overruled.</p> <p>2. CONTINUANCE — Bight of Accused. In this jurisdiction, a person charged with crime is never entitled to a continuance for i delay. A continuance should only be granted in order that justice may be done, and not in order to enable a violator of the law to escape .justice.</p> <p>3. APPEAL AND ERROR — Conflicting Evidence. When controverted questions of fact are properly submitted to the jury, and determined adversely to an appellant, the judgment of the jury is final on appeal.</p> <p>(Syllabus by the Court.)</p>

<p>Appeal from Okmulgee County Court; George A. Johns, Judge-</p> <p>P. L. Lyons was convicted of violating the prohibitory law,, and appeals.</p>

<p> Appeal from Custer County Court; J. C. McKhight, Judge. </p> <p>Abe Green was convicted of violating the prohibitory la'w. arid appeals.</p>

<p>1. INTOXICATING LIQUORS — Illegal Sale — United States License —Evidence—Statutes Applicable. Tbe provision - of tbe statute to tbe effect that tbe payment of tbe special tax required by tbe United States by any person within this state shall constitute prima facie evidence of an intention to violate the prohibitory law is a statutory rule of evidence, and made applicable by tbe Legislature only in eases arising under the law of which it is a part.</p> <p>2. INTOXICATING- LIQUORS — Municipal Ordinances. Cities of the first class, under their charter powers, are authorized to enact a similar provision relative to the violation of the prohibitory law arising under municipal ordinance, or the Legislature may do so. But the courts cannot, by judicial construction, extend the rule beyond the expressed intention of the Legislature.</p> <p>3. MUNICIPAL CORPORATIONS — Violation of Ordinance — Prosecution. A prosecution instituted by a city for a violation of a police regulation is strictly a proceeding between the municipality and the person accused, both in the city court and in the county court to which it may be appealed under the general provisions of the statute.</p> <p>(Syllabus by the Oourt.)</p>

<p> Appeal from District Court, Kiowa County; James R. Tolbert, Judge. </p> <p>R. C. Swartz was convicted of crime, and appeals.</p>

<p>Appeal from Ottawa County Court; A. C. Wallace, Judge pro tern.</p> <p>Bert Austin and another were convicted of violating the prohibition law, and they appeal.</p>

T. Bennett, Judge. Plaintiff in error was convicted in the county court of Osage county on a charge of violating a prohibitory ordinance of the city of Pawhuska, and appeals.

D. Mitchell, Judge. Ralph Brown was convicted in t)he county court of Payne county, on a charge of unlawfully conveying intoxicating liquor, and appeals.

<p>Appeal from District Court, Texas County; E. H. Loofbourrow, Judge.</p> <p>R. B. Rice appeals from an order of the trial court sustaining a demurrer to plea in abatement.</p>

<p>Appeal from Seminole County Court; T. S. Cobb, Jugde.</p> <p>John Clary was convicted of selling intoxicating liquors, and appeals.</p>

<p>Appeal from Tulsa County Court; N. J. Gubser, Judge.</p> <p>Pat Malone was convicted of the and appeals.</p>

<p>Appeal from District Court, McCurtain County; R. McMillan, Judge.</p> <p>A J. Waldock was convicted of criminal contempt, and appeals.</p>

<p>Appeal from Pontotoc County Court; Joel Terrell, Judge.</p> <p>Love Allen was convicted of violating tlie prohibitory law, and appeals.</p>

<p>Appeal from District Court, McClain County; El McMillan, Judge.</p> <p>Bob Milsap was convicted of larceny of domestic animals, and appeals.</p>

<p>Appeal from Canadian County Court; H. L. Fogg, Judge.</p> <p>Lowe MeComas was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Tulsa County Court; N. J. Gubser, Judge.</p>

<p>Appeal from Okfuskee County Court; A. A. Hatch, Special Judge.</p>

<p>Appeal from District Court, McClain County; E. McMillan, Judge.</p>

<p>Appeal from Hughes County Court; P. W. Gardner, Judge.</p>

<p>Appeal from Oklahoma County Court; Sam Hooker, Judge.</p>

<p>Appeal from Canadian County Court; H. L. Eogg, Judge.</p>

<p>Appeal from Comdnehe County Court; James H. Wolverton, Judge.</p>

<p>Appeal from Superior Court, Logan County; J. M. Sandlin, Judge.</p>

<p>Appeal from Garfield County Court, James B. Cullison, Judge.</p> <p>John Sehriebar was convicted of violating the prohibitory law, and appeals.'</p>

<p>Appeal from Sequoyah County Court, W. N. Littlejohn, Judge.</p> <p>William Duval was convicted of a violation of the prohibition law and appeals.</p>

<p>Appeal from Superior Court, Logan County; J. M. Sandlin, Judge.</p>

<p>Appeals from Coal County Court; R. H. Wells, Judge.</p>

<p>Appeal from Jefferson County Court; G. M. Bond, Judge.</p>

<p>Appeal from Oklahoma County Court; Sam Hooker, Judge.</p> <p>William Herneman was convicted of selling intoxicating liquor, and appeals.</p>

<p>Appeal from Tulsa County Court; N. J. Gubser, Judge.</p> <p>Guy Harper was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Tulsa County; N. J. Gubser, Judge.</p> <p>Ola and Orville McDaniels were convicted of violating the prohibitory law, and appeal.</p>

<p>Appeal from Tulsa County Court; N. J. Gubser, Judge.</p> <p>Ralph Barr was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Oklahoma County Court; Sam Hooker, Judge.</p> <p>W. T. Mclver was convicted of violation of the prohibitory law, and appeals.</p>

T. Conley, Judge. Albert McGuire was , convicted in the county court of Pawnee county on a charge of violating the prohibitory law, and appeals.

<p>Appeal 'from Pawnee County Court; H. T. Conley, Judge.</p> <p>James Butler was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Superior Court, Pittsburg County; P. D. Brewer, Judge.</p> <p>John Lewallen was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Coal County Court; R. II. Wells, Judge.</p> <p>J. Harve Thompson was convicted for a violation of the prohibition law, and appeals.</p>

<p>Appeal from Superior Court, Muskogee County; Parrar L. McCain, Judge.</p> <p>R. E. Keith was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Superior Court, Muskogee County; Parrar L. McCain, Judge.</p> <p>George Pulley was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from District Court, Rogers County; T. L. Brown, Judge.</p> <p>P. M. Nelson was convicted of selling intoxicating liquor to a minor, and appeals.</p>

<p>Appeal from District Court, Washita Coutny; James R. Tolbert, Judge.</p> <p>Neut Cadenhead was convicted of the crime of rape, and appeals.</p>

<p>Appeal from District Court, Pottawatomie County, Roy Hoffman, Judge</p> <p>. John A Bourbonnais was convicted for selling intoxicating liquor to a minor, and appeals.</p>

<p>Appeal from District Court, Creek County; T. L. Brown,. Judge.</p> <p>J. W. Arnold was convicted of the crime of assault with intent to kill, and appeals.</p>

<p>Appeal from District Court, Pittsburg County; Preslie B. Cole, Judge.</p> <p>C. Neal Smallwood was convicted of the crime of forgery, and appeals.</p>

<p>Appeal from Carter County Court; I. E. Mason, Judge.</p> <p>John Merritt was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Garvin County Court; W. B. M. Mitchell, Judge.</p> <p>J. E. Head was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeals from Ottawa County Court; W. Y Quigley, Judge.</p>

<p>Appeal from Grady County Court; N. M. Williams, Judge.</p> <p>Howard Williams was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Harmon County Court; C. W. King, Judge.</p> <p>Joe Parks was convicted of violating the prohibitory law, and</p> <p>appeals.</p>

<p>Appeal from Canadian County Court; H. L. Pogg, Judge.</p> <p>Joe Bruhweiler and Leon Grandjean were convicted of a misdemeanor, and appeal.</p>

<p>Appeal from Canadian County Court; H. L. Pogg, Judge.</p> <p>J. M. MeNeal was convicted of a misdemeanor, and appeals.</p>

<p>Appeal from Coal County Court; E. H. Wells, Judge.</p> <p>John Ornel was convicted of violating the prohibition law, and appeals.</p>

<p>Appeal from Canadian County Court; H. L. Pogg, Judge.</p> <p>Homer Ehoads was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Greer County Court; Jarret Todd, Judge.</p> <p>D. H. Cullens was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Pottawatomie County Court; E. D. Reasor, Judge.</p> <p>Ben Miteliell and Jolin Motley were convicted of violating, the prohibitory law, and appeal.</p>

<p>Appeal from Pottawatomie County Court; E. D. Reasor, Judge.</p> <p>Gene Morris was convicted of a violation of the prohibition law, and appeals.</p>

<p>Appeal from Pontotoe County Court; Joel Terrell, Judge.</p> <p>Bill Watson was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Canadian County Court; H. L. Fogg, Juflge.</p> <p>John A. Mitchell was convicted of violating the prohibitory law,</p> <p>and appeals.</p>

<p>Appeal from Canadian County Court; H. L. Eogg, Judge.</p>

<p>Appeal from Greer County Court; Jarrett Todd, Judge.</p>

<p>Appeal from Canadian County Court; H. L. Fogg, Judge.</p>

<p>Appeal from Okmulgee County Court; J. L. Newhouse, Judge.</p>

<p>Appeal from Oklahoma County Court; Sam Hooker, Judge.</p>

<p>Appeal from District Court, Murray County; Robinson McMillan, Judge.</p>

<p>Appeal from Okfuskee County Court; T.- T. Doyle, Judge.</p>

<p>Appeal from Oklahoma County Court; Sam Hooker, Judge.</p>

<p>Appeal from Coal County Court; R. H. Wells, Judge.</p>

<p>Appeal from Pottawatomie County Court; E. D. Eeasor, Judge.</p>

<p>Appeal from Comanche County Court; James II. Wolverton, Judge.</p>

<p>Appeal from Goal County Court; E. H. Wells, Judge.</p>

<p>Appeal from Woodward County Court.</p>

<p>Appeal from Superior Court, Pittsburg County; P. D. Brewer, Judge.</p>

<p>Appeal from Osage County Court; C. T. Bennett, Judge.</p>

<p>Appeal from Pottawatomie County Court; E. D. Reasor, Judge.</p>

<p>Appeal from Custer County Court;- A. H. Latimer, Judge.</p>

<p>Appeal from Carter County Court; I. B. Mason, Judge.</p>

<p>Appeal from Pottawatomie County Court; B. D. Eeasor, Judge.</p>

<p>Appeal from District Court, MeCurtain County; D. A. Eichardson, Judge.</p>

<p>Appeal from Greer County Court; Jarrett Todd, Judge.</p>

<p>Appeal from Pottawatomie County Court; E. D. Reasor, Judge.</p>

<p>Appeal from Kiowa .County Court; J. W. Mansell, Judge.</p>

<p>Appeal from Tulsa County Court; N. J. Gubser, Judge.</p>

<p>Appeal from Pottawatomie County Court; E. D. Reasor, Judge.</p>

<p>Appeal from Tulsa County Court; N. J. Gubser, Judge.</p>

<p>Appeal from District Court, McCurtain County; J. R. Armstrong, Judge.</p>

<p>Appeal from District Court, Carter County; Stilwell H. Russell, Judge.</p>

<p>Appeal from Rogers County Court.</p>

<p>Appeal from Rogers County Court.</p>

<p>Appeal from Harmon County Court; C. W. King, Judge.</p>

<p>Appeal from Washita County Court.</p>

<p>Appeal from Marshall County Court.</p>

<p>Appeal from Ottawa County Court; W. Y. Quigley, Judge.</p> <p>Henry Duvall was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Alfalfa County Court.</p>

<p>Appeal from Love County Court.</p>

<p>Appeal from Pittsburg Courty Court; E. AY. Higgins, Judge.</p> <p>Frank Bornheim was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Jackson County Court; AY. J. McConnell, Judge.</p> <p>Dave Eay was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Major County Court; O. M. Evans, Judge.</p> <p>Ira B. Sharp was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Oklahoma County Court; Sam Hooker, Judge:</p> <p>A. S. Jones was convicted of violating the • prohibitory law, and</p> <p>appeals.</p>

<p>Appeal from Comanche County Court; James IT. Wolverton, Judge.</p> <p>W. H. Stack was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Coal County Court; E. H. Wells, Judge.</p>

<p>Appeal from District Court, Pottawatomie County. J. B. A, Bobertson, Judge.</p> <p>W. F. Sims was convicted of a felony, and appeals.</p>

<p>Appeal from Pottawatomie County. Court; E. D. Reasor, Judge.</p> <p>Burt White was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Superior Court, Logan County; J. M. Sandlin, Judge.</p> <p>W. Dalton was .convicted of a violation of the prohibition</p> <p>and appeals.</p>

<p>Appeal from Superior Court, Logan County; J. M. Sandlin, Judge.</p> <p>E. Robertson and James Poteet were convicted of a violation of the prohibition law and appeal.</p>

<p>Appeal from Oklahoma County Court; Sam Hooker, Judge.</p> <p>Ed P. Ryan was convicted of violating the irrohibitory law, and appeals.</p>

<p>Appeal from Pottawatomie County Court; E. D. Reasor, Judge.</p> <p>Ed. Meshaw was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Superior Court, Pittsburg County; P. D. Brewer, Judge.</p> <p>Charley Trione was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Okfuskee County Court; T. T. Doyle, Judge.</p> <p>Ed Lindley was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Osage County Court; C. T. Bennett, Judge.</p> <p>Curt Revard was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Craig County Court; Theo. D. B. Frear, Judge.</p> <p>Roy Goodpaster was convicted of violating the prohibitory law, and appeals.</p>

<p>/Appeal from Ellis County Court; A. E. Williams, Judge.</p> <p>Tom Ratliff was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from District Court, Okmulgee County; W. L. Barnum, Judge.</p> <p>J. J. Merrill was convicted of manslaughter, and appeals.</p>

<p>Appeal from Superior Court, Muskogee County; Parrar L. McCain, Judge.</p> <p>J. D. Weaver was convicted of violating the prohibitory law, and ajipeals.</p>

<p>Appeal from Garfield County Court; James B. Cullison, Judge.</p> <p>J. W. Gillespie was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Garfield County Court; James B. Cullison, Judge.</p> <p>Bert Alexander was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Ellis County Court; A. E. Williams, Judge.</p> <p>Harvey Johnson was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Garfield County Court; James B. Cullison, Judge.</p> <p>J. B. Nichols was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Kiowa County Court; J. W. Mansell, Judge.</p> <p>Ed Robinson was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Superior Court, Muskogee County; Parrar L. McCain, Judge.</p> <p>J. C. Collins was convicted of a violation of the prohibition law and appeals.</p>

<p>Appeal from District Court, Canadian County; John J. Carney, Judge.</p> <p>George Hodson was convicted of larceny of live stock, and appeals.</p>

<p>ON Motion for REHEARING.</p>

<p>Appeal from Superior Oourt, Logan County; J. M. Sandlin, Judge.</p> <p>Julia A. Thurston was eonvieted of a violation of the prohibition law, and appeals.</p>

<p>Appeal from District Court, Johnston County; A. T. West, Judge.</p> <p>Leonard Hathaway was convicted of the crime of murder, and appeals.</p>

<p>Appeal from Oklahoma County Court; Sam Hooker, Judge.</p> <p>Joseph ITerehek was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Ellis County Court; A. E. Williams, Judge.</p> <p>Russell Jacoby was convicted on a charge of disturbing a public meeting, and appeals.</p>

<p>Appeal from Caddo County Court; C. Ross Hume, Judge.</p>

<p>Appeal from Custer County Court; A. H. Latimer, Judge.</p> <p>Abe Green was convicted'of violating' the prohibitory law, and appeals.</p>

<p>Appeal from Grady County Court; N. M. Williams, Judge.</p>

<p>Appeal from Carter County Court; I. E. Mason, Judge.</p> <p>Jim Berry was convicted of selling intoxicating liquor, and appeals.</p>

<p>Appeals from Coal County Court; E. H. Wells, Judge.</p>

<p>Appeal from Garfield County Court; James B. Cullison, Judge.</p>

<p>Appeal from Greer County Court.</p>

P. Holding, Judge. On the 30th day of April, 1910, judgment was rendered against appellant for a violation of the prohibitory liquor law and his punishment was assessed at a fine of $250 and 75 days imprisonment in the county jail. Defendant attempted to appeal.

<p>Appeal from Harmon County Court; C. W. King, Judge.</p>

W. King, Judge. Appellant was prosecuted for a violation of the prohibitory liquor law and his punishment was assessed at a fine of $50 and 30 days imprisonment in the county jail. Appealed.

<p>Appeal from Pontotoc County Court; Joe Terrell, Judge.</p>

<p>Appeal from Pottawatomie County Court; E. D. Beasor, Judge.</p>

<p>Appeal from Caddo County Court; C. Ross Hume, Judge.</p>

<p>Application for writ of habeas corpus.</p>

<p>Appeal from Choctaw County Court; W. T. Glenn, Judge.</p> <p>Mrs. Vivian Bowman was convicted of a violation of the prohibition law and appeals.</p>

<p>Appeal from Osage County Court; C. T. Bennett, Judge.</p>

<p>Appeal from Canadian County Court; H. L. Fogg, Judge.</p>

<p>Appeal from Superior Court, Logan County; J. M. Sandlin, Judge.</p>

<p>Appeal from Jackson County Court; W. T. McDonnell, Judge.</p> <p>Jim Overall was convicted of a violation of the prohibition law, and appeals.</p>

<p>Appeal from Superior Court, Muskogee County; F. L. McCain, Judge.</p>

<p>Appeal from Comanche County Court; James H. Volverton, Judge.</p> <p>Joe Cuneo was convicted of a violation of the prohibition law, and appeals.</p>

<p>Appeal from Pottawatomie County Court; E. D. Eeasor, Judge.</p> <p>W. C. Allen was convicted of a violation of the prohibition law, and appeals.</p>

<p>Appeal from Ottawa County Court; W. Y. Quigley, Judge.</p> <p>Lawrence Morgan was convicted of a violation of the prohibition law and appeals.</p>

<p>Appeal from District Court, Custer County; James R."Tolbert, Judge.</p>

<p>Appeal from Jaekson County Court; W. T. McConnell, Judge.</p> <p>Bud Turner was convicted of a violation of the prohibition law, and appeals.</p>

<p>Appeal from Ottawa County Court; W. Y. Quigley, Judge.</p> <p>Wesley Nelson was convicted of a violation of the prohibition law, and appeals.</p>

<p>Appeal from Superior Court, Pittsburg County; P. D. Brewer, Judge.</p> <p>Phillip Paris was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Canadian County Court; H. L. Pogg, Judge.</p> <p>L. D. McNeill was convicted of a violation of the prohibition law, and appeals.</p>

<p>Each of the above appellants were convicted of violating the prohibitory liquor law, and appeals.</p>

<p>Appeal from District Court, Muskogee County; John H. King, Judge.</p> <p>Nick Novokovieh was convicted of the crime of assault with intent to kill, and appeals.</p>

<p>Appeal from Blaine County Court; Geo. W. Ferguson, Judge.</p> <p>Fred Edwards was convicted of a violation of the prohibition law, and appeals.</p>

<p>Appeal from District Court, Tulsa County; L. M. Poe, Judge.</p>

<p>Appeal from Coal County Court; R. H. AVells, Judge.</p> <p>J. A. Carmack and John Price were convicted of violating the prohibitory law, and appeal.</p>

<p>Appeal from Osage County Court; C. T. Bennett, Judge.</p> <p>W. L. McNatt was convicted of a violation of the prohibition law, and appeals.</p>

<p>Appeal from Superior Court, Muskogee County;</p> <p>Parrar L. McCain, Judge.</p> <p>Balph Jones was convicted of a violation of the prohibition law, and appeals.</p>

<p>Appeal from -Texas County Court; W. C. Crow, Judge.</p> <p>George Baker was convicted of a violation of the prohibition law, and appeals.</p>

<p>Appeal from Seminole County Court; T. S. Cobb, Judge.</p> <p>W. T. Watson was convicted of a violation of the prohibitory law, and appeals.</p>

<p>Appeal from Love County Court; E. A. Keller, Judge.</p> <p>W. P. Thompson was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Ottawa County Court; W. Y. Quigley, Judge. '</p> <p>W. J. Creekmore was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Jackson Oounty Court; W. T. McConnell, Judge.</p> <p>Joe Brown was convicted, of violating the prohibitory law, and appeals.</p>

<p>Appeal from Ellis County Court; E. A. Williams, Judge.</p> <p>C. E. Sibel was convicted of a misdemeanor, and appeals.</p>

<p>Appeal from District Court, Okfuskee County; John Carauthers, Judge.</p>

<p>Appeal from Blaine County Court; George W. Ferguson, Judge.</p> <p>E. S. Boot was convicted of violating the prohibitory law, and apipeals.</p>

<p>Appeal from District Court, Washita County; James R. Tolbert, Judge.</p> <p>.Lucius Pope was convicted of selling intoxicating liquor to a minor and appeals.</p>

<p>Appeal from Jefferson County Court; G. M. Bond, Judge.</p> <p>Brooks Andrews was eonvieted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Superior Court, Logan County, J. M. Sandlin, Judge.</p> <p>A. E. Rogers was convicted of violating the prohibitory law, and</p> <p>appeals.</p>

<p>Appeai from Bryan County Court; Chas. A. Phillips, Judge.</p> <p>Earnest Ramsey and O. Williams were convicted of violating the prohibitory law, and appeal.</p>

<p>Appeal from Alfalfa County Court; F. M. (Justin, Judge. .</p> <p>James Steinbach was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Rogers County Court; Archibald Bonds, Judge.</p> <p>Walter Bowers was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Payne County Court; P. D. Mitchell, Judge.</p> <p>Jennie Haywood was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from the Cleveland County Court; N. E. Sharp, Judge.</p> <p>Troy Griffin was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Murray County Court; Harry W. Fielding, Judge.</p> <p>Frank Wheeler was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Woods County Court; R. A. Cameron, Judge.</p> <p>Val Gardner was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Blaine County Court; George W. Ferguson, Judge.</p> <p>Jack Dunham was convicted of violating the prohibitory law, and apepals.</p>

<p>Appeal from Superior Court, Muskogee County; Farrar L. McCain, Judge.</p>

<p>Appeal from Cleveland County Court; B. F. Wolf, Special Judge.</p>

<p>Appeal from Kiowa County Court; J. W. Mansell, Judge.</p> <p>John Potts was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Ellis County Court; A. E. Williams, Judge.</p> <p>Tom Ratliff was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Cleveland County Court; N. E. Sharp, Judge.</p> <p>Hud. Madden was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from District Court, Hughes County; John Caruthers, Judge.</p> <p>C. C. Flinehum was convicted of grand larceny, and appeals.</p> <p>Appeal dismissed.</p>

<p>Appeal from Adair County Court; B. W. Alberty, Judge.</p> <p>Richard Dudley was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Garfield County Court; James B. Cullison, Judge.</p> <p>J. W. Gillespie was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Oklahoma County Court; John W. Hayson, Judge.</p> <p>Pat McNamara was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Grady County Court; H. Blair, Special Judge.</p> <p>J. W. Steele was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Latimer County Court; Cliff Y. Peery, Judge.</p> <p>Joe Smoot was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Ellis County Court; A. E. Williams, Judge.</p> <p>A. L. Johnson was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Garfield County Court; James B. Cullison, Judge.</p> <p>J. B. Nichols was convicted of violations of the prohibition law-in .three cases, and appealed.</p>

<p>Appeal from Pawnee County Court; Fred I. Liseum, Judge.</p> <p>Bruce Hunt was convicted of a violation of the prohibition law,</p> <p>and appeals.</p>

<p>Appeal from. Grady County Court; N. M. Williams, Judge.</p>

<p>Appeal from District Court, Mayes County; T. L. Brown, Judge.</p>

<p>Appeal from District Court, LeFlore County; Malcolm E. Rosser, Judge.</p> <p>Henry McDaniel was convicted of grand larceny, and appeals.</p>

<p>Appeal from Kay County Court; Claude Duval, Judge.</p>

<p>Appeals from Canadian County Court; II. L. Pogg, Judge.</p> <p>G. C. Brown was convicted of a violation of the prohibition law in two eases and appeals.</p>

<p>Appeal from Kay County Court; Claude Duval, Judge.</p>

<p>Appeal from Kay County Court; Claude Duval, Judge.</p>

<p>Appeal from Kay County Court; Claude Duval, Judge.</p>

<p>Appeal from Kay County Court; Claude Duval, Judge.</p> <p>George Hinchman was convicted of a violation of the prohibition law and appeals.</p>

<p>Appeals from Canadian County Court; H. L. Fogg, Judge.</p> <p>G. C. Brown was convicted of a violation of the prohibition law in two cases, and appeals.</p>

<p>Appeal from Kay County Court; Claude^ Duval, Judge.</p>

<p>Appeal from Kay County Court; Claude Duval, Judge.</p> <p>R. ~W. Rockford was convicted of violations of the prohibition law, and appeals.</p>

<p>Appeal from Kay County Court; Claude Duval,.Judge.</p>

<p>Appeal from Kay County Court; Claude Duval, Judge.</p>

<p>Appeal from Canadian County Court; II. L. Fogg, Judge.</p>

<p>Appeal from Coal County Court; R. H. Wells, Judge.</p>

<p>Appeal from Stephens County Court; W. H. Admire, Judge.</p>

<p>Appeal from Payne County Court; P. D. Mitchell, Judge.</p>

<p>Appeal from McCurtain County Court; T. J. Barnes, Judge.</p> <p>J. W. Justus was convicted of a violation of the prohibition law, and appeals.</p>

<p>Appeal from Creek County Court; Josiah G. Davis, Judge.</p>

<p>Appeal from Coal County Court; B. II. Wells, Judge.</p> <p>Angelo Pozzini was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Jackson County Court; W. T. McConnell, Judge.</p> <p>Frank Mobley was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Pottawatomie County Court; Ross F. Lockeridge, Judge.</p>

<p>Appeal from Muskogee Superior Court; Farrar L. McCain, Judge.</p>

<p>Appeal from Superior Court, Muskogee County; Farrar L. McCain, Judge.</p>

<p>Appeal from Alfalfa County Court; F. M. Gustin, Judge.</p> <p>Ed. Thomason was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Oklahoma County Court; John W. Hayson, Judge.</p>

<p>Appeal from Coal County Court; R. H. Wells, Judge.</p>

<p>Appeal from Craig County Court; Theo. D. B. Frear, Judge.</p>

<p>Appeal from Coal County Court; R. II. Wells, Judge.</p> <p>J. A. Carmack and John Price were convicted of a violation of the prohibition law, and appeal.</p>

<p>In response to a communication submitted by the Governor, the following opinion is submitted by Armstrong, J.:</p>

<p>Appeal from District Court, Stephens County; Prank M. Bailey, Judge.</p> <p>Dock Crunk was convicted of larceny of domestic animals, and appeals.</p>

<p>Appeals from Sogers County Court; H. Tom Eight, Judge.</p> <p>Geo. Smith-was convicted of a violation of the prohibition law, two cases, and appeals.</p>

<p>Appeal from Oklahoma County Court; John W. Ilayson, Judge.</p> <p>P. M. Hitt was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Marshall County Court; J. W. Falkner, Judge.</p> <p>Joe Wells was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Hughes County Court; P. W. Gardner, Judge.</p> <p>John Knight was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Caddo County Court; C. Ross Hume, Judge.</p> <p>Ed. Elms was convicted of violating the prohibitory law,, and appeals.</p>

<p>Appeal from Kiowa County Court; J. W. Mansell, Judge.</p> <p>C. E. Burns was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Love County Court.</p>

<p>Appeal from Pittsburg County Court; B. P. Hammond, Judge.</p>

<p>Appeal from Beeldiam County Court; Jno. C. Hendrix, Judge.</p> <p>W. H. Penner was convicted of a violation of the prohibition law, and appeals.</p>

<p>Appeal from Okfuskee County Court; W. A. Huser, Judge.</p> <p>J. M. Crawford and George Dexter were convicted of violating the prohibitory law, and appeal.</p>

<p>Appeal from Tulsa County Court; N. J. Gubser, Judge.</p> <p>Leon Wilson, Walt Steen, Ola McDaniels, and A. Moore, were convicted of violating the prohibitory law, and appeal.</p>

<p>Appeal from Tulsa County Court; N. J. Gubser, Judge.</p> <p>D. S. Thompson was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Tulsa County Court; N. J. Gubser, Judge.</p> <p>Walter Faucett and Robert Gilliam were convicted of violating the prohibitory law, and appeal.</p>

<p>Appeal from Delaware County Court; W. C. Hall, Judge. '</p> <p>Bert Peyton was convicted of a violation of the prohibition law, and appeals.</p>

<p>Appeals from McClain County Court; E. E. Glaseo, Judge.</p>

<p>Appeal from Garfield County Court; James B. Cullison, Judge.</p> <p>Ben Sinderson was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Greek County Court; Josiali G. Davis, Judge.</p> <p>Joseph Brooks was convicted of violating the prohibitory law, alid appeals.</p>

<p>Appeal from Oklahoma County Court; Sam Hooker, Judge.</p> <p>Tom Dyer was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Carter County Court; M. F. Winfrey, Judge.</p> <p>W. J. Wilson and John Stump were convicted of violating the prohibitory law, and appeal.</p>

<p>Appeal from Oklahoma County Court; Sam Hooker, Judge.</p> <p>Ben Wallace was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Hughes County Court; P. W. Gardner, Judge.</p> <p>Henry Hampton was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Carter County Court; M. P. Winfrey, Judge.</p> <p>John Lueky and Bob Renegar were convicted of violating the prohibitory law, and appeal.</p>

<p>Appeal from Garvin County Court; W. B. MeMitchell, Judge.</p> <p>Oscar Hybarger was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Tulsa County Court; N. J. Gubser, Judge.</p> <p>Walter Steen was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Pottawatomie County Court; Ross F. Lockridge, Judge.</p> <p>Charlie MeKniglit was convicted of violating the. prohibitory law, and appeals.</p>

<p>Appeal from Seminole County Court; T. S. Cobb,. Judge.</p> <p>Charley Oliver was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Johnston County Court; Nick Wolfe, Judge.</p> <p>James Shelton was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Oklahoma County Court; John W. Hayson, Judge.</p>

<p>Appeal from Blaine County Court; George W. Ferguson, Judge.</p> <p>George Stricklin was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Blaine County Court; Geo. W. Ferguson, Judge.</p>

<p>Appeal from Pontotoc County Court; Conway O. Barton, Judge.</p> <p>J. R. Rives was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Canadian County Court; W. A. Maurer, Judge.</p> <p>Selma Porter was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Rogers County Court; H. Tom Eight, Judge.</p> <p>N. G. Scudder was convieted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Rogers County Court; H. Tom Eight, Judge.</p> <p>Seymour Dodson was epnvicted of violating the</p>

<p>Appeal from Rogers County Court; H. Tom Eight, Judge.</p> <p>Dick Morrison was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Pittsburg County Court; B. P. Hammond, Judge.</p> <p>Tom Herndon was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Seminole County Court; T. S. Cobb, Judge.</p> <p>E. E. Streater was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Atoka County Court; Baxter Taylor, Judge.</p> <p>Loss Robinson was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Comanche County Court; James II. Wolverton, Judge.</p> <p>L. Heiniman was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeal from Murray County Court; Harry W. Fielding, Judge.</p> <p>John Marrs was convicted of violating the prohibitory law, and appeals.</p>

<p>Appeals from Custer County Court; J. C. McKnight, Judge. .</p> <p>Chas; Steudle was convicted of violations of the prohibitory law, and appeals. Two eases.</p>

<p>Appeal from Stephens County Court; W. H. Admire, Judge.</p> <p>Olías. W. Norton was convicted of tlie crime of libel, and appeals.</p>

<p>Appeal from District Court, Greer County; G. A. Brown, Judge.</p> <p>Edd Evans was convicted , of selling intoxicating'liquor to a minor, and he appeals.</p>

<p>Appeal from District Court, Greer County; G. A. Brown, Judge.</p> <p>Grover Kester was convicted of selling liquor to a minor, and appeals.</p>

<p>Appeal from District Court, Pottawatomie County; Roy Hoffman, Judge.</p> <p>Porter Meek was convicted of selling liquor to a minor, and appeals.</p>