Smith v. State

OPINION

BRETT, Judge:

Appellants, Gerald Theodore Smith and John Lee Emery, also known as Robert Lee Lomax, also known as John Lee Gray, hereinafter referred to as defendants, were jointly charged in the District Court, Tulsa, Case No. CRF-76-3183, with Kidnapping, in violation of 21 O.S.1971, § 741. Additionally, defendant Emery was charged After Former Conviction of a Felony, 21 O.S. Supp.1977, § 51. The case was tried to a jury, and both defendants were convicted. Defendant Smith received a three (3) year term and defendant Emery received a thirty-eight (38) year term. Both defendants have…