Smith v. State

BUSSEY, Presiding Judge.

Lovell Smith, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County for the offense of Assault and Battery with a Deadly Weapon with Intent to Kill, After Former Conviction of a Felony; his punishment was fixed at seventy-five (75) years imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.

Briefly stated, the evidence at the trial revealed that on November 23, 1969, George Pogue was a cab driver for Yellow Cab Company and about 1:25 a. m. he picked up the defendant…