Sanders v State

Sanders v State
1913 OK CR 353
135 P. 1197
10 Okl.Cr. 653
Case Number: No. A-1702
Decided: 10/25/1913
Oklahoma Court of Criminal Appeals

Appeal from District Court, Tulsa County; L.M. Poe, Judge.

Henry Sanders was convicted of aggravated assault, and appeals. Affirmed.

Davidson & Williams, for plaintiff in error.

Chas. West, Atty. Gen., Smith C. Matson, Asst. Atty. Gen., and Pat Malloy, Co. Atty., for the State.

PER CURIAM. This appeal is prosecuted from a judgment of the district court of Tulsa county, rendered on the 18th day of November, 1911, wherein the court, in accordance with the verdict of the jury, sentenced the defendant to be confined for a term of thirty days in the county jail. The evidence shows that Billy Harvey, the complaining witness, saw the defendant, Henry Sanders, on the day alleged, about 6 p.m., at Mose Miller's place, a road house, a short distance northeast of the city of Tulsa. Harvey was driving a livery auto car and left Miller's and came to Tulsa, and returned to Miller's about 11 o'clock that night, but between the time he left Miller's and his return he was at another road house known as Cy Husted's, and there met the defendant. Harvey went to the Miller's place about 11 o'clock at night in obedience to a telephone message from some parties there, asking him to come out and get them and bring them to town. When he reached Miller's place the defendant was there with a man by the