Shuler v. State

NIX, Judge.

James Earl Shuler, hereinafter referred to as defendant, did in Oklahoma county plead guilty to the crime of assault and battery with a dangerous weapon and filed application for a suspended sentence on January 15, 1958. On January 30, the trial judge sentenced the defendant to serve a term of four years in the state penitentiary.

The defendant filed on February 3, 1958, a motion to vacate the judgment. He filed on February 10, 1958, a motion for a new trial. This was filed upon single grounds that punishment was excessive. Both the motion for the new trial and motion to vacate were…