Ellis v. State

NIX, Judge.

The plaintiff in error, hereinafter referred to as the defendant, was charged by information with the crime of Murder in the District Court of Custer County. He was tried before a jury, found guilty of Manslaughter, and his punishment fixed at 60 years in the Oklahoma State Penitentiary.

The defendant lodged his appeal in thii Court on the 17th day of June, 1958. It was set for oral argument on July 30, 1958, at which time oral argument was waived. The case was submitted on record on September 10, 1958. No briefs were filed.

This court has consistently held that:

“Where the defendant…