Moore v. State

In a capital case, the law of our state in its great humanity allows the jury, after they have first determined the question of guilt, to assess the punishment, which may be death or imprisonment for life at their discretion, and, even after the jury say that the defendant should suffer death, this court, in furtherance of justice, has the power to modify the judgment to imprisonment for life. Section 3204, O. S. 1931, 22 O. S. 1941 § 1066. In the case of Fritz v. State, 8 Okla. Cr. 342, 128 P. 170, 177, we said:

“The power of this court to modify a judgment inflicting the death penalty for…