Swaim v. State

OPINION

BRETT, Judge:

Appellant, Owen Lee Swaim, hereinafter referred to as defendant, was charged jointly with Mark Wynn Osterloh in the District Court, Tulsa County, Case No. CRF-75-2630, with the offense of Murder in the First Degree, in violation of 21 O.S.Supp. 1973, § 701.1, ¶ 2. A severance of trial from Osterloh was granted the defendant who was subsequently tried and convicted of the crime charged. His punishment was fixed at death by electrocution in accordance with the statute. From said judgment and sentence an appeal has been filed with this Court.

From the testimony and evidence…