Thornburgh v. State

OPINION

PARKS, Judge:

Appellant, Robert Paul Thornburgh, was charged with First Degree Murder in Oklahoma County District Court, Case No. CRF-86-3863. The case was tried by jury before the Honorable Leamon Freeman, District Judge. Judge Freeman sustained appellant’s demurrer to the charge of Murder in the First Degree and proceeded on the charge of Manslaughter in the First Degree (21 O.S.Supp.1984, § 711). The jury convicted appellant of First Degree Manslaughter and set punishment at sixty (60) years imprisonment. Judgment and Sentence was entered accordingly. We reverse.

Eight-year-old Robert…