McKey v. State

Court of Criminal Appeals of Oklahoma

McKey v. State

1930 OK CR 186, 287 P. 1117, 47 Okla. Crim. 212, 1930 Okla. Crim. App. LEXIS 345

Court of Criminal Appeals of Oklahoma·Decided April 26, 1930·No. No. A-7282.·Published

Opinion

PER CURIAM.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Kay county on a charge of assault and battery, and sentenced to serve a term of 30 days in the county jail.

*213 No material error is made to appear. Tbe record discloses a case of assault and battery, but not an aggravated case. Upon a consideration of all tbe facts shown, tbe origin of tbe difficulty, and tbe age of tbe respective parties, we are of the opinion that the punishment assessed is too severe and that justice requires a modification. The judgment will be modified by reducing the punishment assessed from 30 days in the county jail to a fine of $50 and costs, and, as modified, the case is affirmed.

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PER CURIAM.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Kay county on a charge of assault and battery, and sentenced to serve a term of 30 days in the county jail.

*213 No material error is made to appear. Tbe record discloses a case of assault and battery, but not an aggravated case. Upon a consideration of all tbe facts shown, tbe origin of tbe difficulty, and tbe age of tbe respective parties, we are of the opinion that the punishment assessed is too severe and that justice requires a modification. The judgment will be modified by reducing the punishment assessed from 30 days in the county jail to a fine of $50 and costs, and, as modified, the case is affirmed.

McKey v. State, 1930 OK CR 186, 287 P. 1117, 47 Okla. Crim. 212, 1930 Okla. Crim. App. LEXIS 345 (Okla. Ct. App. 1930).

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