Byrd v. State

Court of Criminal Appeals of Oklahoma

Byrd v. State

1928 OK CR 242, 268 P. 997, 40 Okla. Crim. 333, 1928 Okla. Crim. App. LEXIS 189

CourtCourt of Criminal Appeals of Oklahoma

DecidedJuly 14, 1928

DocketNo. A-6360.

StatusPublished

This text of 1928 OK CR 242 (Byrd v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Byrd v. State, 1928 OK CR 242, 268 P. 997, 40 Okla. Crim. 333, 1928 Okla. Crim. App. LEXIS 189 (Okla. Ct. App. 1928).

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Opinion

EDWARDS, J.

This plaintiff in error, hereinafter called defendant, was convicted in the district court of Caddo county of manslaughter in the first degree, and his punishment fixed at confinement in the state penitentiary for a term of five years.

The judgment was rendered in March, 1926, and the appeal lodged in this court in September, 1926. No briefs in support of the appeal have been filed, and no appearance was made for oral argument at the time *334 the case was submitted. We have examined the record with care and find that the homicide occurred at a country dance. Defendant attempted to shoot a young man named Martin, but the bullet missed Martin and struck and killed a small boy. The case appears to have been fairly tried and the issues fairly submitted; the evidence would have warranted a more severe punishment than that assessed.

The case is affirmed.

DOYLE, P. J., and DAVENPORT, J., concur.

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EDWARDS, J.

This plaintiff in error, hereinafter called defendant, was convicted in the district court of Caddo county of manslaughter in the first degree, and his punishment fixed at confinement in the state penitentiary for a term of five years.

The judgment was rendered in March, 1926, and the appeal lodged in this court in September, 1926. No briefs in support of the appeal have been filed, and no appearance was made for oral argument at the time *334 the case was submitted. We have examined the record with care and find that the homicide occurred at a country dance. Defendant attempted to shoot a young man named Martin, but the bullet missed Martin and struck and killed a small boy. The case appears to have been fairly tried and the issues fairly submitted; the evidence would have warranted a more severe punishment than that assessed.

The case is affirmed.

DOYLE, P. J., and DAVENPORT, J., concur.

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Bluebook (online)

1928 OK CR 242, 268 P. 997, 40 Okla. Crim. 333, 1928 Okla. Crim. App. LEXIS 189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byrd-v-state-oklacrimapp-1928.