Lowe v. State

OPINION

BUSSEY, Judge:

Appellant, Jonas Rusty Lowe, hereinafter referred to as defendant, was charged and tried in the District Court, Okmulgee County, Case No. CRF-73-116, for the offense of Second Degree Murder. The jury found him guilty of the lesser included offense of First Degree Manslaughter, in violation of 21 O.S.1971, § 711, ¶ 2, and fixed his punishment at ten (10) years’ imprisonment. From said judgment and sentence a timely appeal has been perfected to this Court.

At the trial Everett Clayton, an Okmul-gee County Deputy Sheriff, first testified for the State that in the early…