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MALONE v. STATE

No. F-90-809.

876 P.2d 707 (1994)

J.D. MALONE, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

June 17, 1994.

Attorney(s) appearing for the Case

James English, for appellant at trial and Charles J. Migliorino, James Clark Law Offices, Ardmore, for appellant on appeal.

Fred Collins, Dist. Atty., Ardmore, for the State at trial, and Susan Brimer Loving, Atty. Gen. of Oklahoma and A. Diane Blalock. Asst. Atty. Gen., Oklahoma City, for the State on appeal.

OPINION

STRUBHAR, Judge:

J.D. Malone, Appellant, was tried by jury and convicted of Murder in the first degree (21 O.S.Supp. 1989, § 701.7(A)) and acquitted of Shooting with Intent to Kill (21 O.S. 1981, § 652) in the District Court of Carter County, Case No. CRF-89-529, before the Honorable John Scaggs, District Judge. The jury found two (2) aggravating circumstances and sentenced Appellant to...

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