Boring v. State

395 P.2d 344 (1964)

Marvin B. BORING, Plaintiff in Error,

v.

The STATE of Oklahoma, Defendant in Error.

No. A-13352.

Court of Criminal Appeals of Oklahoma.

September 9, 1964.

Thomas Dee Frasier, Frank A. Greer, Tulsa, for plaintiff in error.

Charles Nesbitt, Atty. Gen., Charles L. Owens, Asst. Atty. Gen., for defendant in error.

JOHNSON, Presiding Judge.

Marvin B. Boring was charged in the district court of Tulsa County with the crime of robbery with firearms, and convicted of the included offense of attempted robbery with firearms. The jury failed to fix the penalty, and by agreement of the attorneys,…