The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1911-06-07
No Justification.

/ and the defendants were afraid of him,
| but that furnished no justification Of
mitigation for the killing.
Pruitt had threatened to SHOW up
some of the men connected with the
case. and was waylaid and killed b.
them The shot. and that even if
Thompson was not present at that
moment he returned later and taunted
the dying man.
In an interesting definition of what
constitutes jeopardy is given by the
court in the case of b. NJ. Lloyd, also
from jefferson county, which is re-
versed in an opinion by Judge Fur
man. Lloyd was convicted of killing
Ed Henson and sentenced to four
years Imprisonment At the first trial
after Lloyd had been arraigned and one
witness placed on the stand the coun-
t. attorney discovered that the indict-
ment recited that Henson had been
shot in jefferson county and had died
in that county, where as matter OF
fact he died in a hospital at El Reno.
He therefore asked to have the case
taken from the jury, which was done
ia spite of the protests of the defend
ants attorneys, who insisted on the
continuation of the trial.
When the case was taken up again
on a new indictment the defendant
asked for his release on the ground
that he had once been placed in jeop-
ardy. and the court now holds that he
was entitled to his release on that
ground 1t is also held that the court
made mistake in stopping the first
trial on account of the error in the
indictment, and that it was inmate
rial as to where a man dies. In that
connection the court cites the question
case, passed upon by the United
States supreme court, where President
Garfield was shot in Washington but
died in New Jersey. and the decision
o the supreme court of Oklahoma ter
ritory in the George Moran case, in
volving a similar point.
Another Affirmation.
The case O ]. T. Morris. convicted
OF manslaughter in Stephens county
and sentenced to seven years for kill
ing George Bordner just before state
hood in the part of Comanche county
later attached to Stephens county, was
affirmed in an opinion by Judge Arm
strong. The only question at issue in
that case was the admissibility of GER
tain dying declarations.
The court holds unconstitutional the
provision of the superior court. law,
which povides for the trial of misde-
meanor cases in superior courts by a
Jury of six, holding that the require
ment of jury of twelve may be
waived, but that the waiver must be
clearly shown in the record. Under
this ruling the cases of VIII Dalton
and Joe Zoll, convicted in Logan coun-
ty of violating the prohibitory law, are
reversed in opinions by Judge Doyle.
The same point is raised in the ap'
plication of George Wilkins of Mus
kogee county for a writ of habeas
corpus. The application is denied on
the ground that the point should have
been raised on appeal and does not
properly come before the court in ha-
beas corpus case.
The case of Buck Garrett VS.. Chas.
Kerner, from Carter county, involving
Kerner's arrest for violating a meat in
spection ordinance of the city of Ard
more, and his subsequent release on
habeas corpus, was dismissed in ac'
cordance with a former holding OF
the court that an appeal does not lie
in a habeas corpus case.
The case of William Herneman OF
Oklahoma county, iqluor case, was
reversed. There were two counts
dSdluol lllii Ollt III otillhS llh'Ci '''
one for having it in his possession.
The state elected to try him on the
first count. and the court holds that
there was a total want of evidence to
support the charge. The case of Ed
Bowman of Tulsa county is also re-
versed, because the evidence showed
that another man made the sale and
did not connect Bowman with the
transaction. Other opinions were:
BY Judge Armstrong - Woodie
Stuart. jefferson county, liquor; re
versed and remanded; John Schreibar,
Garfield county. liquor, dismissed;
(two cases.; Robert Brock, McClain
county. assault to commit rape, re-
versed; Jimmie Johnson and Walter
Steen, rehearings denied.
BY Judge Doyle-,John Duval. Ii
quor. Ccal county, dismissed; William
Duval, Sequoyah county, liquor, dis
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