Asberry v. State

OPINION

BLISS, Judge:

The Appellant, Robert Lee Asberry, hereinafter referred to as defendant, was charged, tried before a jury and convicted in the District Court, Tulsa County, Case No. CRF-76-134, of the crime of Murder in the Second Degree. Punishment was assessed at a term of ten (10) years to life under the direction and control of the Department of Corrections of the State of Oklahoma. From a judgment and sentence in accordance with the verdict the defendant has perfected his timely appeal.

Briefly stated the evidence adduced at trial is as follows: Tomas Johnson testified that in the…