Martin v. State

OPINION

BUSSEY, Judge:

The appellant, Billy Joe Martin, hereinafter referred to as defendant, was charged, in the District Court, Okmulgee County, Case No. HCRF-76-28, with the offense of Murder in the Second Degree. He was found guilty by the jury of the lesser offense of Manslaughter in the First Degree, in violation of 21 O.S.1971, § 711. His punishment was set at four (4) years’ imprisonment. From said judgment and sentence, defendant has perfected an appeal to this Court.

A summary of the testimony of the State reflects that on the evening of May 29, 1976, the deceased, Charles Casselman,…