Shaw v. State

Court of Criminal Appeals of Oklahoma

Shaw v. State

1912 OK CR 191, 123 P. 1116, 7 Okla. Crim. 390, 1912 Okla. Crim. App. LEXIS 169

CourtCourt of Criminal Appeals of Oklahoma

DecidedJune 6, 1912

DocketNo. A-1037.

StatusPublished

This text of 1912 OK CR 191 (Shaw 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

Shaw v. State, 1912 OK CR 191, 123 P. 1116, 7 Okla. Crim. 390, 1912 Okla. Crim. App. LEXIS 169 (Okla. Ct. App. 1912).

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Opinion

ARMSTRONG, J.

The plaintiff in erro'r, Bob Shaw, was convicted in the district court of Coal county, at the September,. 1910, term, on a charge of larceny-of domestic animals, and his punishment fixed at imprisonment in the state penitentiary for a period of five years.

The property'stolen consisted of two mules belonging to the-Western Coal & Mining Company, at Coalgate. They were taken on the 28th of April, 1910, and later recovered at Palestine, Tex. Will Hill testified on behalf of the state, and confessed to assisting the accused, Bob Shaw, in stealing the mules in question,, and detailed the transaction completely. He was corroborated by other parties, who saw him and the accused in possession of the team, and many other facts and circumstances in evidence, which conclusively establish the guilt of the accused.

There are only two questions argued in this case. The first is that the court erred in overruling the motion for continuance. *391 No exception was taken to the action of the court in overruling the motion for continuance; and the petition in error does not assign this as a ground for reversal. For that reason, it is not before this court for review. See Bennefield v. United States, 2 Okla. Cr. 44, 100 Pac. 34, and Rea v. State, 3 Okla. Cr. 281, 105 Pac. 386. The question of continuance is addressed to the sound discretion of the court, and is not reversible, unless a clear abuse is shown. We are of the opinion, however, that the court ■did not commit error in overruling this application. It does not' appear that attachment was asked for the absent witness; and it does not appear from the face of the motion that the evidence ■of the witness was material to the defense of the accused.

The second proposition argued is that the trial court erred in admitting certain incompetent and irrelevant testimony. We ■do not find prejudicial error of this character sufficient to justify a reversal of the judgment; and it is therefore affirmed.

FURMAN, P. J., and DOYLE, J., concur.

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ARMSTRONG, J.

The plaintiff in erro'r, Bob Shaw, was convicted in the district court of Coal county, at the September,. 1910, term, on a charge of larceny-of domestic animals, and his punishment fixed at imprisonment in the state penitentiary for a period of five years.

The property'stolen consisted of two mules belonging to the-Western Coal & Mining Company, at Coalgate. They were taken on the 28th of April, 1910, and later recovered at Palestine, Tex. Will Hill testified on behalf of the state, and confessed to assisting the accused, Bob Shaw, in stealing the mules in question,, and detailed the transaction completely. He was corroborated by other parties, who saw him and the accused in possession of the team, and many other facts and circumstances in evidence, which conclusively establish the guilt of the accused.

There are only two questions argued in this case. The first is that the court erred in overruling the motion for continuance. *391 No exception was taken to the action of the court in overruling the motion for continuance; and the petition in error does not assign this as a ground for reversal. For that reason, it is not before this court for review. See Bennefield v. United States, 2 Okla. Cr. 44, 100 Pac. 34, and Rea v. State, 3 Okla. Cr. 281, 105 Pac. 386. The question of continuance is addressed to the sound discretion of the court, and is not reversible, unless a clear abuse is shown. We are of the opinion, however, that the court ■did not commit error in overruling this application. It does not' appear that attachment was asked for the absent witness; and it does not appear from the face of the motion that the evidence ■of the witness was material to the defense of the accused.

The second proposition argued is that the trial court erred in admitting certain incompetent and irrelevant testimony. We ■do not find prejudicial error of this character sufficient to justify a reversal of the judgment; and it is therefore affirmed.

FURMAN, P. J., and DOYLE, J., concur.

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1912 OK CR 191, 123 P. 1116, 7 Okla. Crim. 390, 1912 Okla. Crim. App. LEXIS 169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaw-v-state-oklacrimapp-1912.

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