Rose v. State

MEMORANDUM OPINION

BRETT, Presiding Judge.

Howard Franklin Rose, Plaintiff in Error, hereinafter called defendant, was charged by information in the District Court of Oklahoma County with the crime of Assault and Battery with a Deadly Weapon, with Intent to Kill. He was tried by a jury which found him guilty and fixed his punishment at 20 years in the penitentiary. When Judgment and Sentence was imposed the trial judge sentenced defendant to 20 years, but suspended 5 years of the sentence. This appeal has been perfected seeking reversal: or, in the alternative, modification of the sentence…