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ALBERTY v. STATE

No. F-76-204.

561 P.2d 519 (1977)

Edgar Adair ALBERTY, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied April 4, 1977.

Attorney(s) appearing for the Case

Gene Stipe and Carl D. Hughes, Oklahoma City, for appellant on appeal.

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

OPINION

BUSSEY, Judge:

Appellant, Edgar Adair Alberty, hereinafter referred to as defendant, was charged in the District Court, Adair County, Case No. CRF-74-52, with the offense of Murder in the Second Degree. A change of venue was granted to Cherokee County and defendant was convicted of the lesser included offense of Manslaughter in the First Degree in violation of 21 O.S. 1971, § 711. His punishment was fixed at four (4) years' imprisonment, and...

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