JOHNSON v. STATE

No. F-80-100.

665 P.2d 815 (1982)

Kenneth Ray JOHNSON, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

Opinion on Rehearing February 8, 1983.


Attorney(s) appearing for the Case

Johnie O'Neal, Asst. Public Defender, Tulsa, for appellant.

Jan Eric Cartwright, Atty. Gen., Susan Talbot, Asst. Atty. Gen., Chief, Crim. Appellate Div., Oklahoma City, for appellee.


OPINION

CORNISH, Judge:

The appellant, Johnson, was convicted of Murder in the First Degree. The jury imposed a penalty of death.

The facts are relatively uncomplicated, though tragic. On June 19, 1979, the appellant and three cohorts robbed a U-Tote-M store in Tulsa, Oklahoma. At gunpoint the appellant told the store clerk to remove all of the money from the cash register. The clerk was unable to immediately...

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