Okie Legacy
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Old Opera House Mystery
(Alva's First Homicide - 9 November 1910)
Final Judgment
And therefore, to-wit on the 15th day of September A.D. 1911, a Final Judgment and Sentence was filed in the Distrtict Court of Woodward county, Oklahoma, which said final judgment and sentence is, in words and figures, as follows, to-wit:
(on pages 701 thru 704 of transcript of this case made.)
State of Oklahoma, Plaintiff
vs. -- Case 714 Woodward Co., OK
N. L. Miller, Defendant
Final Judgment & Sentence
Now on this the 15th day of September, A.D. 1911, the same being a regular judicial day of the regular July 1911 term of the said District court of the said Woodward County, State of Oklahoma, the said defendant in the above entitled cause, N. L. Miller, appears and is present before the bar of the said court in person and by his counsel, and the said defendant having been charged with the crime of murder in the District Court of Woods County, State of Oklahoma by Information filed in that court on the 6th day of January 1911, and thereafter and on the 27th day of February 1911, the said defendant made application to the district court of Woods County, State of Oklahoma for a change of venue; that on the said 27th day of February 1911, the said District Court of Woods County, State of Oklahoma granted the application of the said defendant, N. L. Miller, to the District Court of Woodward County, State of Oklahoma; that thereafter and on the 12th day of May A.D. 1911, a complete transcript of all the proceedings including all the pleadings and the information in the case was duly filed in the office of the clerk of the district court of Woodward County, State of Oklahoma, together with the order granting the change of venue to the said District Court of Woodward County, and on the 6th day of September A.D. 1911, in the district court in and for Woodward County, State of Oklahoma, the empanelling of a jury of the peers of the said defendant was begun and completed on the 7th day of September 1911, to try the above entitled cause; and on the 12th day of September 1911, after a full and complete hearing of the evidence in the above entitled cause and of the instructions of the court and the argument of counsel the above entitled cause was submitted to the jury and on the said 12th day of September 1911, the jury found a verdict and brought the same into open court, in words and figures as follows, to-wit:
Verdict...
We, the jury, duly empanelled and sworn to try the issues in the above entitled cause, do upon our oaths, find the defendant guilty as charged in the information and assess his punishment at life imprisonment at hard labor.
H. C. Thompson, Foreman.
And now on this the said 15th day of September 1911, the said being the regular day of the regular term of the above court as aforesaid and this time being set by the court for pronouncing of sentence in said cause upon the said defenedant, N. L. Miller, and the said defendant is now informed by the above entitled court of the nature of the information against him, his arraignment thereon and his plea of not guilty to the said information and of the verdict of the jury as aforesaid, and he the said defendant is ____ed by the court whether his legal cause to show why judgment should not be pronounced against him, and no sufficient cause being alleged or shown by the said defendant or appearing to the said court why judgment should not be pronounced;
Thereupon it is now considered ordered and adjudged by the court that the said defendant, N. L. Miller, is guilty of the crime of murder as charged in the information in this cause, or as above and herein set forth:
Therefore, it is now the judgment, order and sentence of the court, that the said defendant, N. L. Miller, for the said crime of murder by him committed, be confined and imprisoned in the State penitentiary of the State of Oklahoma, at hard labor, located at McAlester, State of Oklahoma, for and during the period of his natural life, from and after the date of his incarceration in the said State penitentiary located at McAlester, Oklahoma:
And thereupon the court notified the said defendant, N. L. Miller, of his right to an appeal in said cause to the Criminal Court of Appeals of the State of Oklahoma.
It is therefore, and further, considered, ordered, adjudged and decreed by the Court that the sheriff of the said Woodward County, State of Oklahoma, transport and convey, without delay, the said defendant, N. L. Miller to the said State penitentiary as aforesaid, and deliver him, the said N. L. Miller, to the warden or keeper of the said State Penitentiary, and that the said warden or keeper of the said State penitentiary detain and hold in strict custody the said defendant, N. L. Miller, according to the foregoing order, sentence and judgment, and that the Clerk of the District Court of Woodward County, State of Oklahoma, make and certify under the seal of this court and deliver to the said sheriff of Woodward County one certified copy of this order, sentence and judgment, to accompany the body of the said N. L. Miller; said copy of the said order, sentence and judgment to be a warrant and authority for the transportation of the said N. L. Miller to the said State Penitentiary as aforesaid, and said copy to be returned to the clerk of the court with the doings of the said sheriff endorsedd thereon, and one certified copy of this order, judgment and sentence to be left with the warden or keeper of the said State Penitentiary; said certified copy to be a warrant and authority for the said warden or keeper of the said State Penitentiary to hold and detain the said defendant, N. L. Miller, in strict custody, in accorance with this judgment and sentence as hereinbefore and in this judgment provided.
James B. Cullison,
Judge of the District Court of
Woodward Co., State of Oklahoma.
(SEAL)
Endorsed as follows:
Woodward, Oklahoma, Filed Sep. 15, 1911,
Jerry Coons, District Clerk.