Oklahoma criminal reports Volume 17

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. 1922 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. 1922 edition. Excerpt : . . . purpose, and who had at least 12 days within which to prepare the case for trial, and who did (whether at the solicitation of the court or not does not appear) represent her. The next assignment of error relates to the alleged admission of incompetent and irrelevant evidence. This assignment is without merit, as the record discloses that on motion of the defendant’s counsel the alleged incompetent evidence was withdrawn from the consideration of the jury. No error is presented, therefore, of which the defendant may complain. An examination of the record, however, discloses that, if there was error in this respect, the error was favorable to the defendant and prejudicial to the state. It is also contended that the trial court committed error in giving a certain instruction to the jury, but an examination of the record discloses that no objection was made or exception taken to the giving of this instruction. Further, we have carefully examined the instructions given, and are convinced that the law of the case was stated more fairly to the defendant than the evidence would warrant. In fact, the defendant was given, in the court’s instructions, the full benefit of the defense of accidental killing, although in her own testimony she ad Opinion of the Dourt. mits that she had procured the revolver with which the killing was accomplished for the purpose of bluffing the deceased; that she carried the same, while loaded, around onlher person and had it in that condition in a public place; and also at the time it was discharged the muzzle of the gun was pointed in the general direction of the deceased. Under the defendant’s own testimony, she was guilty of two distinct misdemeanors, and the jury was authorized to conclude from the. . .

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