The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-11-21
LIQUOR LAW VIOLATION
APPEALS ARE NUMEROUS
pottaWatomls County Nah.
slaughter Case RsVs ssd and
New Trial Grantsd
The criminal court Of appeals met

Iht criminal court OF appeals met
at 2 o'clock this afternoon and haud-
ed down 8 number Of opinions.
IN three OF Special Enforcement
Attorney Fred Caldwells conysss
tons Ia Wagner, writs Of habeas E0r-
/ pus were granted 70 the defendants
because the district court of Wagon.
cr was not properly in session al the
Time OF conviction. This arose out OF
Two laws passed by the Legislature IN
1903. On March f2 the legislature
passed an act fixing the term- OF Wa.
goner county district court 10 SIT al
C0wetd and the convictions we're held
az the term as fixed by that act: Duf
on March 23 ai act was passed set.
ng terms OF court all over the state
aud giving different dates ior court
az Coweta The latter being a gem
eral act, lts provisions governs aud
hence court was not regularly IN J6s. )
sion when the trials were neld fine
men released are Walter Hames, Z.
w. Williams and g. NJ N-shois.
The case OF Rem Cowart OF Polla-
waiomie county, convicted on q
charge OF manslughter, was reyerscs
on two grounds: first. because one
Of the members OF the grand jury
that Indicted him was witress
against him At his preliminary trial:
second, becaase the bar OF court eE
ected a temporary Judge to try Cow
art without his consent. The court
held that as this trial was before the
law giving procedure OF seiecting
Judge pro tempore was passed. and
since the old law was not selI-execut.
ing, that the only way 20 haze sccur
ed judge pro tempore wou'd have
been for the chief justice 20 appoint,
and that since the defendant object.
ed to the temporary Judge being SCI
ected, he was not qualified 10 act.
hence the trial was Illegal.
Granted New grlal.
In the case OF j. ". Cu:peppcr y.
the State where the prisoner waS
convicted OF manslaughteT IN the first
depree, the Judgment way reversed
and a new trial ordered ON the
grounds that the court overstepped
his authority In singing out the dc.
fendant and instructIng the jury as
w ht' NiNtAbaAtt4 a. u Hhttteo.
One peculiar case was that Of ).
X. Lewis v. Judge Russell OF Carter
county where the prisoner asked for
a change OF venue on the grounis
that the Judge was preiudiced agaInss
him, because he had been refusing 70
speak 20 him on the street for sever
al years. But the court held that pre-
judice rot only had to be alleged but
must be proven and besides that the
appeal was not flied in time.
The proceedings were Dismissed ilt4
the appeal OF James Dickson from Me-
Curtain county as the prisoner had
died since the action was commenced
John foshee, under sentence OF life
Imprisonment for murder. denied re.
hearing.
Judge Furman followed the policy
OF the court in the case OF Lowry
White Y. the state In which he held
that while error had been committed
In the lower court. IL was harmless
error. that the prisoner vas convict.
cl ca his testimony anl his right nof
new trial was denied.
The application OF William coyle.
from Garfield county. for writ OF
habeas corpus on the grOuna that tho
county court Of Garfield county was
not properly IN session when he was
convicted was denied. the court. reius.
ing 20 30 behind the records. witch
showed the court 10 have been III ses.
sion at The time.
Denied a New Trial.
The mution for new trial OF Ed
fg3rteii IL PittShurg county, convicted
of assault With intent 10 XIII aud son.
fenced 10 three years in the penitens
tiary, was denied and the decision of
the lower court affirmed
Other opinions handed down so iar
today were
Sam Cook Y. state. Grady county
violation OF the liqdor law; affirmed.
Jerry Wilson Y. United states. Me-
Curtain county, life imprsonment Ior
rape: appeal dismissed
William Clements V. state. Beck
ham county, assault: appeal dismiss'
"a.
WIN Ctarr '. state. Latimer coulr
tv grand larceny; decision OF lower
.so,ft affirmed
w. NJ. Pickerel V. state. Grady conn,
~. violation Of liquor law. 30 days
imprisonment and $50 fine decision
III lAa t94e. eQa1t =.
The application for rehearlng Of
W. r Carlles, under sentence of ten
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