Wofford v. State

OPINION

CORNISH, Judge:

Appellant, Geary Wayne Wofford brings this appeal from a conviction for Second Degree Murder, under the provisions of 21 O.S.1971, § 701.2, and sentence of ten (10) years to life imprisonment in the State penitentiary. At trial, the State’s evidence showed defendant and two accomplices went to decedent’s home on August 5, 1974. Decedent, who was 70 years old and had advanced heart disease, apparently died of a heart attack after being tied, beaten and robbed.

Defendant’s first assignment of error is that the trial court erred in refusing to grant his motion to dismiss the…