Boring v. State

JOHNSON, Presiding Judge.

Marvin B. Boring was charged in the district court of Tulsa County with the crime of robbery with firearms, and convicted of the included offense of attempted robbery with firearms. The jury failed to fix the penalty, and by agreement of the attorneys, the court fixed the punishment, and assessed a term of five years in the State Penitentiary. Appeal has been perfected to this Court.

For reversal, counsel for defendant in his petition in error sets out five specifications of error, but in his brief states: “Plaintiff in error relies upon his exception to Instruction…