Russell v. State

OPINION

BUSSEY, Judge:

Appellant, James Ray Russell, hereinafter referred to as defendant, was charged in the District Court, Haskell County, Case No. CRF-72-16, for the offense of Murder, in violation of 21 O.S.1971, § 701. He was tried by a jury and convicted of Manslaughter in the First Degree, with his punishment being set at thirty-five (35) years. From this judgment and sentence he has appealed to this Court.

In March of 1972, Mr. Albert N. Chri-senberry was a resident of Keota, Oklahoma, ninety-two years of age and an invalid confined to a wheel chair. On March 25 of that year he was…