State v. Gabie

Defendant was indicted for first degree murder in the killing of his wife. He had watched his estranged wife and another man enter her apartment. When they emerged from the apartment an hour or two later he approached them, briefly scuffled with the man and then shot and killed his wife. He entered a plea of guilty to homicide and a hearing to determine the degree of homicide was held before the court without a jury under OKS 163.130. The court found the defendant guilty of manslaughter and sentenced him to imprisonment for a term not to exceed 15 years. OKS 163.080 provides:

“Every person…