MILLER v. STATE

No. A-10979.

90 Okla. Cr. 14 (1949)

209 P.2d 890

MILLER v. STATE.

Criminal Court of Appeals of Oklahoma.

September 14, 1949.


Attorney(s) appearing for the Case

John L. Ward, Jr., and Elmore A. Page, Tulsa, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., and Lewis A. Wallace, Asst. Atty. Gen., and Elmer Adams, Co. Atty., Tulsa County, Tulsa, for defendant in error.


BRETT, J.

This matter comes on, upon petition for rehearing, the original opinion having been rendered on the 4th day of May, 1949, Miller v. State, 89 Okla.Cr. 200, 206 P.2d 245, 246. In that opinion the judgment and sentence of the lower court was affirmed. Therein the late Judge Barefoot said:

"The only serious question raised by the defendant in his assignments of error is that the court erred in giving instruction...

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