Belvin v State

Belvin v State
1917 OK CR 114
165 P. 617
13 Okl.Cr. 458
Case Number: No. A-2211
Decided: 06/02/1917
Oklahoma Court of Criminal Appeals

ASSAULT AND BATTERY Question for Jury Principal.

Appeal from District Court, Garvin County; R. McMillan, Judge.

C.A. Belvin and Arthur Inman were convicted of assault and battery, and they appeal. Modified and affirmed.

Carr & Field, for plaintiffs in error.

S.P. Freeling, Atty. Gen., and C.W. King, Asst. Atty. Gen., for the State.

PER CURIAM. The plaintiffs in error, C.A. Belvin and Arthur Inman, were jointly informed against and tried for the crime of assault with intent to kill one C.M. Wall, and were convicted of assault and battery, and their punishment fixed each at a fine of $100 and 30 days' confinement in the county jail. From the judgments rendered on the verdict, they appeal.

It appears that the plaintiffs in error were farmers, residing seven or eight miles east of Pauls Valley; that Belvin was a man with a large family, consisting of his wife and seven or eight children; that he had lived in that community for more than 30 years; that he is an uncle of the defendant Inman; that the complaining witness, C.M. Wall, also lived in the same neighborhood;

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that on the day on which the assault occurred the defendant Inman and the complaining witness Wall had an altercation; that evening Inman went over to Belvin's house; from there the two got on Belvin's horse and rode over across the farm to where Belvin's brother lived; on the way over they passed by Wall's home; in a short time they returned and met Wall and his wife at the well by the roadside, where they were watering the horses; Inman made some remark to Wall about the trouble they had that day and got off the horse and assaulted Wall.