Lusty v. State

OPINION

Appellant, Joney Joe Lusty, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-74 — 1175, for the offense of Murder in the First Degree, in violation of 21 O.S.Supp.1974, § 701.1. His punishment was fixed at death, and from said judgment and sentence a timely appeal has been perfected to this Court.

The defendant was jointly charged and previously tried, along with William Dale Davis; however, at that proceeding the jury found his co-defendant guilty of First Degree Murder, but was unable to agree upon a verdict…