The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1899-08-30

p, statutes 1898 n reference 10 carrying
weapons. are not in conflict with any
constitutional provision or organic law.
and are therefore. valid and may be en-
forced against an persons violating Their
lnhib.tons
IL IS material error 20 admit evidence
of other misconduct OF tho defendant ov-
er his objection. which is not pertinent
ID any issue, and which Is calculated to
infame the minds Of the jury against the
defendant.
3. over the defendants objections. the
territory was permitted TO prove that
the prosecuting witness was a tenant on
the defendant farm and residing In de-
fcadaut's blouse. that on the day OF the
alleged ofrense. che defendant procured
several men and went with them TO the
house and over the objection OF the wit
ness, and while his family were In the
house, tore 1t d0wn and hauled Il away.
without having ever brought any suit
cor possesaIon; thus leaving witness aud
MS family without any shelter. Held.
IDrror, as the facts mentioned we're not
material 10 any Issue Ia the case and
were calculated to prejudice the minds
or the jury against the defendant
Geo. u. Barnard & CO.. W Greer county
Error from district court Greer county.
! Affirmed.
/. This cause Is afnmed on the author
hy OF Clark and Courts W. Greer county
decided this term.
Fred 1uster vs.. J. w. Wynn.
1 new triad win not DO granted upoi
tho grounds Of newly discovered eyidenc
unless II 3s made 10 afhrmauvely appeal
that the new evidence would bo sufd lienj
to probably change the verdict.
O. Newly discovered evidence. merely
cumulative. IS not a sufficient ground foi
now trial
g. a now trial Will rarely be granted
Tor the purpose OF procuring evidence oi
impeachment
g. la the absence OF the evidence upor
which the verdict was rendered this court
eetunot determine the questign OF the sut
dclency OF the newly discovered evideae'
TO AFFECT the results and wiz not reverse
tho action OF the trta court oyerruilnl
/ ca motion for new trial based on newll
discovered evidence.
g. A party % this action who was pres
eut during a part OF the trial. and VIII
Is compelled. by reason OF sickness In hi
family. 10 be absent during a portion %
this trial and who proceeds without oh
{ lection or motion for cont nuance by rea
son Of such verdict 70 urge sucn absenc
as a grounds for new trial.
q g. WhauN a motion for now trial 1
p made on The grounds OF newly discovers
o evidence. u is essential mat the affidavit
of tho witness who will give tho newll
discovered evidence. should be produces
r. or their absence accounted Cor. As gen
eral rule. the unsupported afndavit of IN
b applicant or his attorney viii not bo sui
B faient
- M Friedman W Aiaurco We.sz. No sz
b Error from probate court. Pawnes oonr
~ Affirmed.
b n is not error % refuse O. give n
70 instruction which "a long. verbose ana ur
lccrlaln aa 20 lta meaning. ana wits
. win Tend to nislead and bewlider m
p Jury
@ A court Is not required 10 give an IN
3 asruc5on which needs modification o
r quaiincnti7us II St S. not good a. request
= ed, II "a not error % refuse a.
+ 3. Rulings Of tho trial court assigned a
3 causes for setting aside the verdict o
q judgment and embraced IN motion 70
r new trial ana assignments of errOg om
p braced On a petition OF error. which ar
y not presented or argued In tho brief o
j. | rf.fpHfaf fn err~.r xsrfTT Fraafo.T a. har,