Marshall v. State

OPINION

BLISS, Judge:

Appellant, Billy C. Marshall, a/k/a Billy Gene Marshall, hereinafter referred to as defendant, was originally tried and convicted in District Court, Osage County, Oklahoma, on the charge of Robbery By Fear, After Former Conviction of a Felony, and was sentenced to ten (10) years’ imprisonment. He appealed, won a new trial, was tried and convicted a second time, and was sentenced to thirty (30) years’ imprisonment. From said judgment and sentence, defendant has filed this timely appeal.

Briefly stated, the testimony shows that the defendant entered the house of 63-year-old…