Davis v. State

I do not concur in the majority opinion of tbis court, 51 Okla. Cr. 386, 1 Pac. (2d) 824, but think a new trial should be awarded the plaintiff in error.

The plaintiff in error was by information charged with the crime of murder. In his trial, the court, in its seventh instruction, advised the jury in part as follows:

“Should you find the defendant guilty of murder, it is your duty to designate in your verdict whether such punishment shall be by death or by imprisonment in the state penitentiary at hard labor for life.”

The record discloses that, after the case had been finally submitted to the…