Oklahoma criminal reports Volume 13

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt : …

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918 edition. Excerpt : . . . Sies ’22. State, 6 Okla. Or. 142, 117 Pac. 504; Inlclebarger 12. State, 8 Okla. Or. 316, 127 Pac. 707; Star 12. State, 9 Okla. Cr. 210, 131 Pac. 542; Price 12. State, 9 Okla. Or. 359, 131 Pac. 1102. ‘ V The law requires the trial court to submit the issue or guilt or innocence, by proper instructions, giving the jury the rule when the state relies solely upon circumstantial evidence for a conviction. In this case, the state had no other testimony. The proof offered on behalf of the defendant does not exempt this cause from the rule. The defendant testified in his own behalf and gave a complete account of the homicide. His testimony does not in any way strengthen the state’s case, but to the contrary absolves him from participation in, or willful concealment of, the crime. Other questions raised have been determined in former opinions. We will therefore forego a discussion of them. For the error indicated, the judgment is reversed, and the cause remanded for a new trial. DOYLE, P. J. , and BRETT, J. , concur. ROBERT ALLEN v. STATE. No. A-22-IN-‘3. Opinion Filed lIfll_’ 19, 1917. (164 Pac. 1002. ) 1. ‘l’RIAb–Remarks of County Attorney. Remarks of the county attorney in his argument will be considered and construed in reference to the evidence, and in order to constitute reversible error the impropriety indulged in must have been such as may have improperly influenced the verdict. 2-APPEAL–New ‘liria. l—Fmdamental Error. Where the guilt of the appellant is clearly and conclusively established, and there is no good reason to believe that upon a second trial an intelligent and honest jury could, or would, with reason and propriety arrive at any other verdict than that of guilt, a new trial will not be granted except. . .

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