Opinion

Robertson v. State

  • 52 Okla. Crim. 368
  • 5 P.2d 185
  • 1931 OK CR 470
  • 1931 Okla. Crim. App. LEXIS 480
Court
Court of Criminal Appeals of Oklahoma
Filed
Oct 24, 1931
Status
Published
On the bench
Chappell, Davenport, Edwards
Cited by
1 cases
Authority
More cited than 12.0%

The opinion

On Petition for Rehearing.

Since the filing of the original opinion, counsel for defendant has filed a petition for rehearing, in which it *372 is earnestly contended that this court overlooked the complaint of the defendant that the court erred in its instructions, in that the instructions assumed that the blow struck by defendant was the one that caused the death of deceased. It is also urged that the defendant does not rely entirely on the plea of self-defense, but, in addition, denies that he caused the death of deceased, and cites Stanfield v. State, 30 Okla. Cr. 82 , 235 Pac. 256 , and Walls v. State, 32 Okla. Cr. 108 , 240 Pac. 146 , in support of the contention that the instructions are erroneous.

We have carefully examined the record and find no testimony that deceased received any injury other than the blow from defendant. The argument is advanced that possibly deceased may have fallen from a cot in the jail and struck his head upon the concrete floor or come in contact with a post, sustaining injuries from which he died. This is a mere theory, not supported by the testimony nor the physical facts. The court is not to indulge in suppositions, but is to be governed by the evidence in the record, and particularly are the physical facts to be given weight. Coffey v. State, 38 Okla. Cr. 91 , 258 Pac. 923 .

We have carefully re-examined the instructions of the court, and find that the contention of defendant that the court took from the jury the question of whether the blow struck by defendant was fatal is without any merit.

For the reasons stated, the petition for rehearing is denied and mandate ordered to issue immediately.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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