Herrington v. State

NIX, Judge.

Fred Herrington, hereinafter referred to as the defendant, was convicted in the Court of Common Pleas of Oklahoma County, State of Oklahoma, for the crime of aggravated assault. A jury found the defendant guilty, but was unable to agree upon the punishment. The trial judge sentenced defendant to serve one year in the county jail and to pay a fine of $100.

The defendant appeals to this court relying for reversal upon two assignments of error, the first of which contends the court committed error in giving an erroneous instruction; the second contention advances the argument that the…