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SMITH v. STATE

No. F-76-243.

555 P.2d 626 (1976)

Howard Russell SMITH, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

October 8, 1976.

Attorney(s) appearing for the Case

Dennis L. Pope, Enid, for appellant.

Larry Derryberry, Atty. Gen., Robert L. McDonald, Asst. Atty. Gen., Toby Mash, Legal Intern, for appellee.

OPINION

BRETT, Presiding Judge.

Appellant, Howard Russell Smith, hereinafter referred to as the defendant, was charged, tried and convicted of Murder in the Second Degree, in violation of 21 O.S. Supp. 1973, § 701.2, in Case No. CRF-74-38, in the District Court, Tillman County. The defendant was tried by a jury, found guilty, and sentenced to an indeterminate term in the State Penitentiary of not less than...

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