79 P. 214 | Okla. | 1904
Opinion of the court by The defendants were indicted, tried and convicted of the crime of stealing domestic animals, and sentenced to serve a term of two years in the territorial penitentiary. From this judgment defendants appeal.
The first assignment of error upon which the plaintiffs in error seek to reverse the judgment, is that the grand jury which returned the indictment in this case was not selected, drawn and impanelled as provided by law. This objection is not well taken. The case of Goodson v. United States,
The supreme court of Utah, in passing upon this same question, in the case of United States v. Clawson, 3 P. 689 *520 says: "The laws of the United States give to the district courts of the territories common-law jurisdiction, and these courts have the authority to employ the common law method of summoning a jury, when no other is furnished by statute, or when the method so furnished has been exhausted."
It is next claimed that the indictment does not state a public offense, and therefore the court erred in overruling the demurrer thereto, and in overruling the motion in arrest of judgment. In our opinion, the indictment clearly and concisely charges a public offense either under the act of 1893 or the act of 1895, and hence the demurrer to the indictment and the motion in arrest of judgment were properly overruled.
It is urged by the appellants that the court erred in excluding competent evidence which was offered to be introduced by the defendants. It appears from the record that during the course of the trial, defendant Henry W. Smith, who was introduced as a witness in his own behalf, was asked by his counsel the following questions:
Q. "Did you at the time you were arrested by the officers make any statement as to how you became possessed of the property that is alleged to have been stolen in this case?" Q. "Was there at the time you were arrested anything said between you and the official who arrested you concerning your possession of these mules?"
The Territory objected to each of these questions, which objections were sustained by the court and the defendants excepted and assign them as error. It is contended by the plaintiffs in error that this evidence was incompetent. In support of this contention they cite the case of Mitchell v.The Territory,
The instructions of the court fairly and correctly state the law applicable to the case.
Finding no error in the record, the judgment of the district court is affirmed.
Gillette, J., who presided in the court below, not sitting; all the other Justices concurring.