A witness may give his opinion as to whether a party was intoxicated. Collins v. State, 15 Okla. Cr. 96, 175 P. 124.

The admission of incompetent evidence as to matters already admitted by defendant is immaterial. Tague v. State, 13 Okla. Cr. 270, 163, 954.

Matters of aggravation or mitigation of punishment are admissible in evidence when the jury assess the punishment. Prather v. State, 14 Okla. Cr. 327, 170 P. 1176.

Insanity, when interposed as a defense, is a matter for the jury. Cheadle v. State, 11 Okla. Cr. 566; Baker v. State, 9 Okla. Cr. 47, 130 P. 524.

Not error to exclude evidence to prove particular facts if such facts are proven by other evidence. Addington v. State, 8 Okla. Cr. 704, 130 P. 311.

When hearsay evidence has been admitted which reasonably tends to a conviction, cause will be reversed. McRea v. State, 8 Okla. Cr. 483, 129 P. 71; Brokehause v. State, 11 Okla. Cr. 625.

Admission of incompetent evidence no ground for reversal when defendant's own evidence warrants his conviction. Burns v. State, 8 Okla. Cr. 555, 129 P. 657.

To identify voice, witness must first qualify. Blackburn v. State, 7 Okla. Cr. 578, 124 P. 1111.

When an exception is stated in a statute, and the facts necessary to bring the act within the exception of the statute are peculiarly within the knowledge of the defendant, the state is not required to prove the nonexistence of such fact. DeGraff v. State, 2 Okla. Cr. 521, 103 P. 538. See rule governing hypothetical questions. Davis v. State, 15 Okla. Cr. 387, 177 P. 621; Brown v. State, 9 Okla. Cr. 382, 132 P. 359.

Where defendant admits the act charged, but testifies as to his faith in the matter, evidence as to his guilty knowledge is admissible in rebuttal. Anthony v. State, 15 Okla. Cr. 32, 176 P. 764.

Defendant is not entitled to introduce evidence that some third party confessed to the commission of the crime charged. Davis v. State, 8 Okla. Cr. 515, 128 P. 1097; Dykes v. State, 11 Okla. Cr. 602, 150 P. 84; Kline v. State, 15 Okla. Cr. 351, 176 P. 414; McNeal v. State, 15 Okla. Cr. 555, 179 P. 479.

Error to permit witness to testify that he thought something wrong, or to produce letters written by party other than defendant. Wells v. State, 5 Okla. Cr. 22, 113 P. 210.

Where more than one party participated in an offense, the acts and declarations of each are admissible against all. Stockton v. State, E Okla. Cr. 310, 114 P. 626; Ex parte Hayes, 6 Okla. Cr. 321, 118 P. 609. Repeatedly asking questions similar to those which have been excluded, is error. Pickerel v. State, 5 Okla. Cr. 391; Watson v. State, 7 Okla. Cr. 590, 124 P. 1101.

State may show why a person present at the time of the commission of the crime has left, otherwise he should be called as a witness. Morris v. State, 6 Okla. Cr. 29.

A certificate to practice medicine is a complete defense, when. Wilson v. State, 8 Okla. Cr. 439, 129 P. 82.

Compulsory process for witness has nothing to do with the competency of such witness. Nor does the compulsory process of Federal Constitution for witness have to do with state courts. Anderson v. State, 8 Okla. Cr. 91, 126 P. 840.

Improper to ask questions suggesting unfair inferences. State, 8 Okla. Cr. 226, 127 P. 365.

Rogers v.

Where witness testifies as to a part of a transaction, opposite party may develop the entire transaction. Rogers v. State, 8 Okla. Cr. 227, 127 P. 365.

Where witness voluntarily makes statements irrelevant to the issue, obviously intended to reflect on an officer, such statements may be impeached by cross-examination or by direct testimony. Goben v. State, 7 Okla. Cr. 190.

In an issue of self-defense, testimony of previous assaults, attacks, and attempts to injure the defendant by the injured party, are admissible. Rogers v. State, 8 Okla. Cr. 227, 127 P. 365; Sneed v. Terr., 16 Okla. 641, 86 P. 70; McHugh v. Terr., 17 Okla. 20, 86 P. 433; Mulkey v. State, 5 Okla. Cr. 96, 113 P. 532.

225. Federal Fugitives-A person charged in any state with treason, felony, or other crime, who shall flee from justice and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime. (Sec. 2, art. 4, Fed. Const.)

226. Same-Extradition-No person shall be transported out of the State for any offense committed within the State, nor shall any person be transported out of the State for any purpose, without his consent, except by due process of law; but nothing in this provision shall prevent the operation of extradition laws, or the transporting of persons sentenced for crime, to other states for the purpose of incarceration. (Sec. 29, art. 2, Const.)

227.

Governor May Offer Reward-The Governor may offer a reward not exceeding $1,000, payable out of the state tresury, for the apprehension:

or,

First. Of any convict who has escaped from the state prison;

Second. Of any person who has committed, or is charged with the commission of an offense, punishable with death. (6080 R. L. 1910)

228. Delivery of Criminals on Requisition-A person charged in any state or territory of the United States with treason, felony, or other crime, who shall flee from justice and be found in this State, must, on demand of the executive authority of the state or territory from which he fled, be delivered up by the Governor of this State, to be removed to the state or territory having jurisdiction of the crime. (6081 R. L. 1910)

229. Magistrate to Issue Warrant-A magistrate may issue a warrant for the apprehension of a person so charged, who shall flee from justice and be found within this State. (6082 R. L. 1910)

230. Arrest and Commitment of Fugitive-The proceedings for the arrest and commitment of a person charged, are in all respects similar to those provided in this chapter for the arrest and commitment of a person charged with a public offense committed in this State, except that an exemplified copy of an indictment found, or other judicial proceeding had against him in the state or territory in which he is charged to have committed the offense, may be received as evidence before the magistrate. (6083 R. L. 1910)

231. Commitment. If, from the examination, it appear that the person charged has committed the crime alleged, the magistrate, by warrant reciting the accusation, must commit him to the proper custody for a time, specified in the warrant, which. the magistrate deems reasonable, to enable the arrest of the fugitive, under the warrant of the executive of this State, on the requisition of the executive authority of the state or territory in which he committed the offense, unless he give bail, as provided in the next section, or until be be legally discharged. (6084 R. L. 1910)

232. Admission to Bail-The magistrate may admit the person arrested to bail by an undertaking, with sufficient sureties, and in such sum as he deems proper, for his appearance before him at a time specified in the undertaking, and for his surrender, to be arrested upon the warrant of the governor of this State. (6085 R. L. 1910)

233. Notice to County Attorney-Immediately upon the arrest of the person charged, the magistrate must give notice to the county attorney. (6086 R. L. 1910)

234. Duty of County Attorney-The county attorney must immediately thereafter give notice to the executive authority of the state or territory, or the prosecuting attorney or the presiding judge of the criminal court of the city or county therein, having jurisdiction of the offense, to the end that a demand may be made for the arrest and surrender of the person charged. (6087 R. L. 1910)

235. Person Discharged, When-The person arrested must be discharged from custody or bail, unless before the expiration of the time designated in the warrant or undertaking he be arrested under the warrant of the Governor of this State. (6088 R. L. 1910)

236. District Court to Inquire Into Case-The magistrate must return his proceedings to the next district court of the county, which must thereupon inquire into the cause of the arrest and detention of the person charged, and if he be in custody, or the time of his arrest has not elapsed, it may discharge him from detention, or may order his undertaking of bail to be canceled, or continue his detention for a longer time, or readmit him to bail, to appear and surrender himself within a time specified in the undertaking. (6089 R. L. 1910)

237. Fugitive Granted Twenty-four Hours-Any person who is arrested within this State, by virtue of a warrant issued by the Governor of this State, upon a requisition of the governor of any other state or territory, as a fugitive from justice under the laws of the United States, shall not be delivered to the agent of such state or territory until notified of the demand made for his surrender, and given 24 hours to make demand for counsel; and should such demand be made for the purpose of suing out a writ of habeas corpus, the prisoner shall be forthwith taken to the nearest judge of the district court, and ample time given to sue out such writ, such time to be determined by the said judge of the district court. (6090 R. L. 1910) 238. Unlawful Delivery of Fugitive-Any officer who shall deliver such person to such agent for extradition without first having complied with the provisions of the preceding section shall be deemed guilty of a misdemeanor. (6091 R. L. 1910)

239. Expense of Foreign Arrest-When the governor shall demand from the executive authority of a state or territory of the United States, or of a foreign government, the surrender to the authorities of this State, of a fugitive from justice, the accounts of the persons employed by him for that purpose must be paid out of the state treasury. (6092 R. L. 1910)

240. Same-No compensation, fee, or reward of any kind can be paid to or received by a public officer of this State for a service rendered or expense incurred in procuring from the Governor the demand mentioned in the last section, or the surrender of the fugitive, or for conveying him to this State, or detaining him herein, except as provided in the last section. (6093 R. L. 1910)

241. Violation-A violation hereof is a misdemeanor. (6094 R. L. 1910)

The governor on whom a demand is made. must determine for himself whether the demand is in accordance with law, and as to whether the party is, in fact, a fugitive. But his decision is subject to review by writ of habeas corpus. In re Owen, 10 Okla. Cr. 284, 136 P. 137.

A convicted prisoner under parole, who goes into another state is a fugitive from justice. In re Williams, 10 Okla. Cr. 344, 136 P. 597.