Mitts v. State

The defendant, Jesse Mitts, was charged in the district court of Tulsa county with the crime of murder; was tried, convicted, and given the death penalty. From this judgment and sentence he has appealed.

A short statement of the history of this case is necessary before a consideration of the question raised by the appeal.

The defendant was charged with having murdered Bay Martin in Tulsa county, on December 24, 1944. He was tried for this offense on March 6, 1945, and was convicted by a jury and given the death penalty.

The evidence revealed that defendant killed the deceased with a revolver he…