Smith v. State

OPINION

BRETT, Presiding Judge.

Appellant, Howard Russell Smith, hereinafter referred to as the defendant, was charged, tried and convicted of Murder in the Second Degree, in violation of 21 O.S. Supp.1973, § 701.2, in Case No. CRF-74-38, in the District Court, Tillman County. The defendant was tried by a jury, found guilty, and sentenced to an indeterminate term in the State Penitentiary of not less than ten (10) years nor more than life. From said judgment and sentence, the defendant brings this timely appeal.

On February 16, 1974, at approximately 4:15 a. m., Lewis Harris, the police…