Smith v. State

OPINION

BUSSEY, Judge:

The appellant, Walter Lee Smith II, hereinafter referred to as the defendant, was charged in the District Court, Muskogee County, case No. CRF-75-258, with the offense of Robbery by Force, After Former Conviction of a Felony in violation of 21 O.S.1971, § 791. He was tried by a jury, convicted and punishment was fixed at fifty (50) years’ imprisonment. From said judgment and sentence, a timely appeal has been perfected to this Court.

The State’s first witness was John M. Smith, who resides in Oklahoma City. He testified that on August 14, 1975, while en route from Oklahoma…