Court of Criminal Appeals of Oklahoma, 1935

Brown v. State

Brown v. State
Court of Criminal Appeals of Oklahoma · Decided May 17, 1935 · PER CURIAM.
45 P.2d 163; 57 Okla. Crim. 49; 1935 OK CR 49; 1935 Okla. Crim. App. LEXIS 18 (Pacific Reporter, Second Series)

Brown v. State

Opinion of the Court

PER CURIAM.

The plaintiff in error, for convenience hereinafter called the defendant, was convicted of murder, and his punishment fixed at imprisonment in the state penitentiary at McAlester at hard labor for life.

The record in this case contains T12 pages. The court, after a careful. consideration of all the facts and circumstances contained therein, does not deem it necessary to set out the testimony at length. Suffice it to say the testimony is sufficient to sustain the verdict and judgment.

*50 It is urged by tbe defendant that the court erred in its instructions to the jury as to tbe law applicable to tbe facts and that there was error of law committed in tbe trial of the case sufficient to warrant this court in reversing tbe same. With this contention we cannot agree. A careful study and examination of tbe record fails to disclose any prejudicial or fundamental error.

Tbe defendant was accorded a fair and impartial trial. Tbe court correctly advised tbe jury as to the law applicable to the facts. This was a cold-blooded premeditated murder, and the jury would have been derelict in its duty if it had not imposed tbe penalty it did on tbe defendant.

Finding no errors in tbe record sufficient to warrant a reversal, tbe judgment of tbe trial court is affirmed.

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