Luna v. State

BRETT, Presiding Judge.

This is an appeal from a conviction for the offense of First Degree Manslaughter; plaintiff in error, James W. Luna, was found guilty by a jury, which assessed his punishment at seven years under the direction and control of the Department of Corrections, at the state penitentiary. Plaintiff in error will hereafter be referred to as defendant, as he appeared in the trial court.

The facts briefly stated reveal that on December 21, 1967, defendant was driving his 1951 GMC, one and one-half ton truck along East Polk Street in McAlester, Oklahoma, when he collided with a…