Guest v. State

The plaintiff in error, hereinafter referred to as the defendant, was by information charged jointly with R. M. Foster, alias Johnson, with the crime of murder, was separately tried, convicted of murder, and. his punishment fixed at death. Motion for new trial was filed, considered, and overruled, and the case appealed to this court by petition in error, with case-made attached.

The testimony on behalf of the state tends to show that on the 2d day of September, 1927, the defendant E. M. Foster and two men known as Whitey and Shorty, or Blackie, left Earlsboro for the purpose of robbing a bank…