Smith v. State of Oklahoma

BRETT, Judge.

Petitioner in Error, hereinafter referred to as the defendant, was tried and convicted by a jury, for the murder of his ex-wife. Defendant was sentenced to life imprisonment in the State Penitentiary, and appeals.

At the conclusion of the State’s evidence defendant entered his demurrer to the evidence. In overruling the demurrer, the court remarked that the evidence was weak, “but I am going to overrule it at this time”.

It will be necessary only to consider defendant’s assignment of error number three, in which he contends that his rights were prejudiced and he was denied a fair…