Breshers v. State

OPINION

BRETT, Judge:

Appellant, Carey Lonnell Breshers, Jr., hereinafter referred to as defendant, was charged, tried to a jury, and convicted in the District Court, Oklahoma County, Case No. CRF-76-1729, for the offense of Murder in the Second Degree, in violation of 21 O.S.Supp.1973, § 701.2. His sentence was fixed at an indeterminate sentence of from ten (10) years to life imprisonment pursuant to 21 O.S.Supp.1973, § 701.4. From said judgment and sentence the defendant has perfected his timely appeal to this Court.

The evidence adduced at trial revealed that on February 16, 1976, a young…