Pitts v. State

Plaintiff in error, hereinafter called defendant, was convicted in the district court of Oklahoma county of the crime of manslaughter in the first degree in the killing of Le Roy McKenzie, and his punishment fixed by the court at imprisonment in the state penitentiary for a period of 25 years.

Defendant contends first that there is a fatal variance between the information, which charged the defendant with the killing of McKenzie by means of a pistol, and the evidence, which showed that death was produced by a knife wound.

In substance, the evidence of the state was that defendant struck the…