Stumblingbear v. State

BRETT, Judge.

This is an appeal by Cecil Stumblingbear, Jr., sixteen years of age, from a conviction in the district court of Caddo County, Oklahoma, for the crime of manslaughter in the second degree.

The prosecution was instituted by information, alleging that on March 5, 1961 Cecil Stumblingbear, Jr., and one Gerald Schrock did make a felonious assault and battery upon the body of Harvey Bullbear, Jr., in a heat of passion with their fists, and by kicking him, thereby inflicting mortal wounds, resulting in his death.

A severance was requested and Stum-blingbear tried alone. The jury found him…