Provo v. State

OPINION

BUSSEY, Judge:

Appellant, William M. Provo, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-75-130, for the offense of First Degree Murder, in violation of 21 O.S.Supp.1974, § 701.1,jf 2. In accordance with the provisions of 21 O.S.Supp.1974, § 701.3, defendant was thereafter sentenced to suffer death, and from said judgment and sentence a timely appeal has been perfected to this court.

As this case requires reversal for failure of the trial court to instruct upon first degree manslaughter as a lesser included…