Smith v. State

OPINION

BRETT, Presiding Judge:

The appellant, David Gordon Smith, was convicted of First Degree Murder, pursuant to Laws 1976, ch. 1, § 1, now 21 O.S.1981, § 701.7, in Rogers County District Court Case No. CRF-78-128. He was sentenced to life imprisonment and appeals.

On September 1,1978, the Catoosa, Oklahoma, Tag Agency was robbed by two men identified as Jackie Ray Young and the appellant, David Gordon Smith. Catoosa Police Chief J.B. Hamby died of gunshot wounds sustained during an attempt to stop the robbery. It was later determined that Jackie Ray Young died at the scene of the crime from…