Frazier v. State

OPINION

BUSSEY, Judge:

The appellant, Philip Wynn Frazier, was convicted of Murder in the Second Degree, in a non-jury trial, in Tulsa County District Court, Case No. CRF-75-1439, and this Court has granted his motion for appeal out of time.

The uncontroverted facts of this case are that in the early morning of June 30, 1975, the appellant went to the apartment of Cliff Brown and Gary Nix. Nix testified that the appellant engaged in light conversation with them for a few minutes regarding the recent loss of his job and his plans to move to Kansas, he then announced that he had forgotten…