Opinion
No. A-6889.
Opinion Filed January 31, 1928. See, also, 39 Okla. Cr. 108, 263 P. 1112.
To His Excellency, the Governor of the State of Oklahoma:
The judges of the Criminal Court of Appeals, responding to your official communication as Governor of Oklahoma to this court, which presents for consideration a certified copy of the record of the trial and conviction of Walter Wigger. Section 2786, Comp. St. 1921. The certified record discloses that on January 10, 1927, in the district court of Ottawa county, the said Walter Wigger was sentenced to death in accordance with the verdict of the jury returned in that court finding him guilty of murder. The record further discloses that no appeal from said judgment and sentence has been taken and the time for appeal has expired. The question submitted to this court then is: Has there been an observation of all the formalities of law essential to the taking of human life?
Upon a full examination and consideration of the record, testimony, and proceedings submitted, we find that defendant was properly charged by preliminary complaint with the crime of murder and that he waived a preliminary hearing; the information based on said preliminary proceedings sufficiently charges the crime of murder. The evidence conclusively proves that at the time charged defendant, without any cause, excuse, or justification whatever, with a knife assaulted one Ruth Harris and inflicted wounds upon the person of the said Ruth Harris from which she died. At his trial defendant appeared by counsel, who protected all his legal rights. The trial was orderly. The defense is in effect a plea of insanity. Instructions upon the law including the plea of insanity were correctly given by the trial judge, and the jury by its verdict found the issue against the contention of defendant. We find no error in the proceedings of the trial. In the light of the evidence and the record as stated, there can be no reasonable doubt of defendant's guilt of the crime of murder. We are therefore of the opinion that the defendant, Walter Wigger, had a fair and impartial trial and that all the formalities of law essential to the infliction of the death penalty have been observed.
Opinion by EDWARDS, J., in which DOYLE, P.J., and DAVENPORT, J., concur.