Oklahoma Criminal Reports Volume 16

Oklahoma Criminal Reports Volume 16

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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. 1920 edition. Excerpt: ...in the prosecution. If it was a fact that she had endeavored to settle this prosecution for a money consideration and failed it would be at least proper that the jury have such evidence in order to properly weigh her testimony, as it logically follows that such attempt and failure to so settle this prosecution would quicken her natural feeling against the defendant and-bias her testimony, and hence the court committed error in refusing to permit the witness to explain for what purpose said power of attorney was executed by her. The defendant further complains that the evidence is insuflicient to support the verdict of the jury; and with this contention we are unable to agree. It is true that the evidence is in sharp conflict as to whether or not the-defendant acted in self-defense in striking the blows which-caused the death of the deceased, but there was evidence that at the time the deceased received the wounds inflicted-upon him by the defendant the deceased was down, with out anything in his hands and unarmed, and in a helpless condition by reason of being intoxicated. There being evidence to sustain the verdict of the jury though the evidence be in conflict, this court, as held by an unbroken line of decisions, will not disturb the verdict. "In a homicide case, where there is evidence supporting the theory of the state that the defendant did not act in self-defense, and also evidence supporting the theory of the defendant that he acted in self-defense, it is the exclusive province of the jury to determine which is the correct theory, and, ' having done so, if the instructions of-the court 'properly present the law of the case, this court 'will not disturb the verdict." McClatchey 12. State, 15 Okla. 448, ...show more

Product details

  • Paperback
  • 189 x 246 x 13mm | 449g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236855450
  • 9781236855459