Traxler v. State

Roy (Pete) Traxler, hereinafter referred to as defendant, was convicted in the district court of Bryan county, Oklahoma, where he was tried before a jury on a charge of robbery with firearms. The jury was authorized, Tit. 21 O.S. 1951 § 801, to inflict the death sentence, but his punishment was assessed at five years imprisonment in the State Penitentiary. This was the minimum penalty. The defendant being dissatisfied with the outcome would hazard much greater punishment by seeking a new trial. Appeal has accordingly been perfected to this court.

*234The defendant admits to taking the automobile…