Smith v. State

OPINION

BRETT, Judge:

Plaintiff in error, Herman Donald Smith, hereafter referred to as defendant, was convicted in District Court of Tulsa County, Case No. 23,534, with the crime of Shooting With Intent to Injure. He was found guilty by the jury and on February 18, 1969, was sentenced to serve not less than one, nor more than three years under the custody and control of the State Department of Corrections. From that judgment and sentence this appeal was perfected.

Defendant was alleged to have shot Billy Joe Moore, with a .410 gauge shotgun. The two men had been friends but had recently…