WHITECHURCH v. STATE

No. F-81-744.

657 P.2d 654 (1983)

Allen E. WHITECHURCH, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

January 20, 1983.


Attorney(s) appearing for the Case

John P. Zelbst, Lawton, for appellant.

Jan Eric Cartwright, Atty. Gen., State of Okl., Eric Hermansen, Asst. Atty. Gen., Oklahoma City, for appellee.


OPINION

CORNISH, Judge:

Allen Whitechurch, appellant, was convicted of Manslaughter in the First Degree, After Former Conviction of Two or More Felonies, in Comanche County District Court. He was sentenced to serve twenty (20) years' imprisonment.

The principle issue before this Court is whether the trial court erred in failing to instruct the jury on the appellant's theory of the case, i.e. that he had...

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