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MONTGOMERY v. STATE

No. A-14828.

474 P.2d 667 (1970)

Lee MONTGOMERY, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied May 28, 1970.

Attorney(s) appearing for the Case

Jay D. Dalton, Public Defender, for plaintiff in error.

S.M. Fallis, Jr., Dist. Atty., Ted Flanagan, Asst. Dist. Atty., for defendant in error.

BUSSEY, Judge.

Lee Montgomery, hereinafter referred to as defendant, was charged in the District Court of Tulsa County with the crime of Murder. He was tried by a jury, found guilty of the included offense of Manslaughter in the First Degree, punishment was set at an indeterminate sentence of not less than 60 nor more than 180 years, and he appeals.

Briefly stated, the record reflects that on the 4th day of November, 1967, the defendant, after having an argument...

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