MEMORANDUM OPINION
BLISS, Judge:
Appellant, Johnny Ray Smith, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Tulsa County, Case No. CRF-75-406, for the offense of Murder in the Second Degree, in violation of 21 O.S.Supp. 1975, § 701.2. In accordance with the provisions of 21 O.S. Supp. 1975, § 701.4, the trial court fixed the defendant's punishment at fifty...
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