Fields v. State

POWELL, Judge.

Elmer Dean Fields, plaintiff in error, hereinafter referred to as defendant, was charged by information in the district court of Washington County with the crime of murder (21 O.S.1951 § 701). He was tried before a jury that the county attorney did not qualify to assess the extreme penalty. The jury found defendant guilty of the included offense of manslaughter in the first degree (21 O.S.1951 § 711) but being unable to agree upon the penalty left that to the court, who assessed punishment at life imprisonment in the State Penitentiary at McAlester. 21 O.S.19S1 § 715.

A number of…