Brison v. State

*538OPINION

PARKS, Presiding Judge:

The appellant, Joe Wayne Brison, was charged, tried and convicted in the District Court of Tulsa County, Case No. CRF-83-3078, for the offense of Manslaughter in the First Degree. His punishment was fixed at a term of five (5) years imprisonment. We reverse.

The appellant and a companion, Steve Cleveland, arrived at a tavern in the early morning hours of August 27, 1983. Mr. Cleveland entered the tavern, while the appellant remained in the parking lot standing near his vehicle. The appellant later attempted to enter the tavern, in order to hurry Mr. Cleveland. The…