Sherman v State

Sherman v State
1915 OK CR 190
151 P. 486
12 Okl.Cr. 16
Case Number: No. A-2083
Decided: 09/13/1915
Oklahoma Court of Criminal Appeals

1. APPEAL Verdict.

2. APPEAL Discussion of Case.

Appeal from District Court, Noble County; Hon. W.M. Bowles, Judge.

Charley Sherman was convicted of incest, and appeals. Reversed.

H.A. Johnson, for plaintiff in error.

R. McMillan, Assistant Attorney General, for the State.

ARMSTRONG, J. The plaintiff in error, Charley Sherman, was convicted at the February, 1913, term of the District Court of Noble county on a charge of incest, and his punishment fixed at imprisonment in the state penitentiary for a period of ten years.

The attorney general has filed a confession in error in this cause, based upon the ground that there is no competent evidence in the record upon which to base a judgment of conviction. A careful examination of the record by the court discloses the correctness of the attorney general's position. The confession in error is therefore sustained.