Hewes v. State

MEMORANDUM OPINION

BUSSEY, Judge:

Norman Lee Hewes has appealed from his conviction of Manslaughter in the Second Degree in the District Court of Oklahoma County, in Case No. CRF-78-3180. He was originally charged with First Degree Manslaughter, but the trial court sustained his demurrer to the State’s evidence and did not instruct the jury on that charge. The sole assignment of error on appeal is that the judge, upon sustaining the demurrer, should have recommended a verdict of not guilty, instead of giving the case to the jury on the lesser included offenses.

Title 22 O.S. 1971, § 850, is not…