Denver co to webber falls ok12/16/2023 ![]() All of the eyewitnesses were close relatives of defendant and deceased. It was highly conflicting with reference to the action of the parties at the time the fatal shots were fired and as to who was present at the scene of the difficulty. We have carefully read the record and it is unnecessary to go into a detailed discussion thereof. ![]() It is first contended that the evidence is insufficient to sustain the verdict of the jury and the judgment and sentence of the court. This charge involved the killing by defendant, Otis Short, of Robert Dyer in Muskogee county on the 1st day of January, 1940. ![]() Defendant, Otis Short, also known as Otis "Ode" Short, was charged with the crime of murder in Muskogee county, was tried and convicted of manslaughter in the first degree and sentenced to serve a term of eight years in the penitentiary, and has appealed. Atty., of Muskogee, for the State.īAREFOOT, P. Otis Short, also known as Otis "Ode" Short, was convicted of manslaughter in the first degree, and he appeals. If counsel for an accused desires additional instructions they must reduce such instructions to writing and request that they be given, and a conviction will not be reversed where there is a failure to make such request, unless the court is of the opinion in the light of the entire record and instructions that, because of failure to instruct upon some material question of law, accused has been deprived of a substantial right.Īppeal from District Court, Muskogee County Enloe V. Appeal and Error-Trial-Duty of Counsel to Submit Additional Instructions Desired. When a jury is instructed in a homicide case that "the plea of self-defense is not available to a person who arms himself for the purpose of seeking and engaging in a difficulty, nor to be an aggressor, nor to one who uses unlawful and unnecessary force to repel an assault", held not error when considered in connection with other instructions defining the law of self-defense more fully and in view of the fact that defendant was convicted only of manslaughter.ĥ. Homicide-Instruction on Plea of Self-Defense Held not Erroneous in View of Other Instructions and of Conviction Only of Manslaughter. (a) Instruction examined, and found to have not in any way prejudiced the rights of the defendant.Ĥ. The grace of the county attorney, and it is unnecessary for the court to instruct the jury with reference to their appearance. Private counsel employed in criminal cases by private parties act only through The county attorney, and the Attorney General at the direction of the Governor, are the representatives of the state in the trial of criminal cases. Trial-Authorized Prosecuting Attorneys-Harmless Error in Instruction as to Status of Private Counsel Employed in Prosecution. ![]() Before evidence of specific acts of violence on the part of the deceased toward third persons, in a homicide case where self-defense is pleaded, is competent, a predicate must be laid by offering to show by the defendant that he had knowledge of such specific, acts prior to the commission of the homicide.ģ. Homicide-Evidence of Specific Acts of Violence by Deceased Toward Third Persons-Necessary Predicate. This court will not weigh conflicting and contradictory evidence which has been passed on by the jury and trial court, but will interfere only where there is an entire absence of testimony upon some material issue, or that the evidence so clearly preponderates in favor of the defendant as to suggest the probability that the verdict was the result of misapprehension or partiality.Ģ. Appeal and Error-Review-Conflicting Evidence not Weighed.
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