The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-11-19
CRIMINAL COURT GIVES
FIVE OPINIONS.



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2. To warrant or sustain convic-
ton for crime. there must be evidence
that the tnensc was committed: and,
also to rculDate the defendant in the
commission thereof.
3. Upon the Overruling On motion
for new trial by the trial court, M
On the 81 ound that there is no evil
dence TO support the verdict. when
the OVERT ling of such motion was
properly excepted to and preserved
In the record, and is made the basis
OF an assignment OF error It Is the
duty of tho appellate court to review
the evidence; and, II the record dis
closes that there is no evidence 10
support Tie verdict, new trial should
De had.
Opinion BY Judge Furman.
Presiding Judge Furman in aie case
w. p Price VS. State OF OLltaoma
lands down q lengthy opinion covering
l large array of exceptions and re-
'erslng the District court of Roger
Mills county Price was tried for the
nr@der of James Yandell on Septemer
18TH, 1903. In 1906 a jury returned
verdict Of manslaughter in the second
legfee and Price was sentenced t. a
iour-year term in Hhe penitentiary
Price pleaded self-defense. Motions
Or a ne6f trial and arrest OF Judgment
were oyerruled by the trial court.
The syllabcs of this case will appear
In tomorrow's Leader
Judge Furman reversed the county
curt Of Woods county in the case OF
ha fpfsft.ftrtssr nd
phomas FCx. who were found guilty
IN 1905 on the charge Of selling liquor
without a license, the reversal being
0ased upon the ground that the in.
ormatioa upon which the defendants
we're convicted was faulty.
syllabus. 3
FIRST In an indictment for com.
hitting an offense against q statute,
tbe ofense may be described in the
general language of the act, but the
description must be accompanied by
4 statement of all the particulars es
'entlai TO constitute the ofTense or
rime, and to acquaint the accused
With wha. he must meet on the trial
Second. An information or indict
ntnt for selling malt. spirituous or
vinuOus liquors. or any Intoxicating
thinks. In violation OF section 3i07
Wilson's Oklahoma Statutes, must
give the name Of the person to whom
he sale was made. so that the defend
nj may llow what particular Onensc
he is called upon to defend himscn
against.
Third An informatien FOR giving
way, mon preteXt, malt. spiriuont.
yinuous liquors, or any Intoxicating
drinks in violation section 3407 VIII
; sons Oklahoma Statutes. must state
the name Of the person to whom the
gilt was made. and the pretext under
which IN gift was made must also De
stated SO that the defendant may know
what nhense he is required to defend
against
Fourth When an Indictment is IA.
i tally defective, and there is no testi.
nony 10 show violation OF The law,
! the conviction will be reversed with
directions 10 dismiss the ease.
Opinion sy Judge Doyle.
! Judge 4. II. Duyle, In an piniol dc.
MED the NaSeas corpus application el
Charles johnson. The rclat0r clMmed
to hsvo been illegally held 10y the
tferlff of Grady county at Chicknsha
and alleged that the commitment ia
sued by the Justice OF the pence was
void. which tne urt oycrrales she
cause is an appeal from the District
court OF Grady county which den'ed
a writ OF habeas eorpus to the de
lendant
syllabus 5y the Court:
T. lIabeas Corpus Jurisdiction Tns
Criminal Court OF Appeals the su
preme. District and County courts
ana ne Justices and Judges there
fave concurrent original jurisdiction
In habeas corpus