Hart v. State

OPINION

BRETT, Judge:

Plaintiff in Error, Michael Dennis Hart, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Payne County, for the offense of Assault and Battery with a Dangerous Weapon. He was tried by a jury which found him guilty and assessed his punishment at one (1) year imprisonment in the county jail. From that judgment and sentence this appeal has been perfected.

The facts briefly stated are: on the night of December 23, 1968, shortly after 11:00 p. m., in Stillwater, Oklahoma, Police Officers Lazenby and Fugett received a call to look…