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MAYBERRY v. STATE

No. A-11325.

94 Okla. Cr. 301 (1951)

238 P.2d 362

MAYBERRY v. STATE.

Criminal Court of Appeals of Oklahoma.

Rehearing Denied December 12, 1951.

Attorney(s) appearing for the Case

Lee Welch, Antlers, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., and Lewis A. Wallace, Asst. Atty. Gen., for defendant in error.

BRETT, P.J.

Plaintiff in error Frank Mayberry, defendant below, was charged by information in the district court of Pushmataha county with the crime of murder, Title 21, § 701, O.S.A. 1941. The information alleged the defendant with premeditated design did on September 14, 1948, shoot and kill George Haynes, his brother-in-law, by means of a double barrel 10-gauge shotgun. The defendant was tried by a jury, convicted of first degree manslaughter, his punishment...

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