Simons v. State

The defendant, George E. Simons, was charged in the district court of Okmulgee county with the crime of murder ; was tried, convicted of manslaughter in the first degree, and the court assessed his punishment at four years in the penitentiary, and he has appealed.

This charge arose by reason of the killing of Dave Franke upon the public streets of Okmulgee, on the 3rd day of August, 1938. He was killed by being hit by an automobile driven by defendant.

The first assignment of error is that the court erred in refusing to strike and suppress the evidence of certain officers for the reason that…