Alberty v. State

OPINION

BUSSEY, Judge:

Appellant, Edgar Adair Alberty, hereinafter referred to as defendant, was charged in the District Court, Adair County, Case No. CRF-74-52, with the offense of Murder in the Second Degree. A change of venue was granted to Cherokee County and defendant was convicted of the lesser included offense of Manslaughter in the First Degree in violation of 21 O.S.1971, § 711. His punishment was fixed at four (4) years’ imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.

At the trial, Gene Harlin testified that on July 30, 1974, he was…