Smith v. State

The plaintiff in error, David Smith, defendant below, was charged by information with the crime of the murder of Gladys Lanier in Tulsa, Okla., on October 6, 1947. He was tried by a jury in the district court of Tulsa county, Okla., convicted, and sentenced to the penitentiary to life imprisonment.

This appeal from the judgment and sentence therein imposed involves only one contention, that the trial court erred in its refusal to give the defendant’s requested instructions 1, 2 and 3 on manslaughter in the second degree. In considering this contention it is only necessary to call attention to…