Simpson v. State

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Muskogee county on a charge of robbery with firearms, and was sentenced to serve a term of 30 years in the state penitentiary.

This is a second appeal; a former conviction having been reversed by this court. Williams et al. v. State, 35 Okla. Cr. 171, 249 P. 433. After the reversal of the former conviction, a severance was had, and the defendant, John Simpson, was tried alone.

On December 20, 1924, about the hour of 9:30 p. m., two men appeared at the store of Robert Nesbitt, at which Nesbitt and a…