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STATE v. HARBERT

No. S-86-480.

758 P.2d 826 (1988)

STATE of Oklahoma, Appellant, v. Donald Eugene HARBERT, Appellee.

Court of Criminal Appeals of Oklahoma.

July 15, 1988.

Attorney(s) appearing for the Case

Robert H. Macy, Dist. Atty., Gary L. Ackley, Asst. Dist. Atty., Oklahoma City, for appellant.

No appearance by appellee.

OPINION

PARKS, Judge:

The single issue before this Court comes on a reserved question of law. Donald Eugene Harbert, appellee, was charged in Oklahoma County District Court, Case No. CRF-85-5107, with First Degree Murder (21 O.S. 1981, § 701.7) (Count I) and Assault and Battery with a Deadly Weapon (21 O.S. 1981, § 652) (Count II) arising from the death of Lachelle A. Goldsby and the injury to Tiffiyon...

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