Richardson v. State

1944 OK CR 55, 151 P.2d 73, 79 Okla. Crim. 42, 1944 Okla. Crim. App. LEXIS 55

• Court: Court of Criminal Appeals of Oklahoma
• Decided: July 26, 1944
• Docket: No. A-10262.
• Status: Published

Opinion

BAREFOOT, J.

Defendant, Bill Richardson, Avas charged in the district court of LeFlore county jointly Avith Gene Murphy and others, with the crime of assault and attempt to kill; demanded a severance, Avas tried and convicted of the included crime of assault Avith a dangerous weapon, and his punishment assessed by the jury at two years in the state penitentiary. From this judgment and sentence, he has appealed.

This is a companion case of that of Gene Murphy v. State, 79 Okla. Cr. 31, 151 P. 2d 69, this day decided by this court. The facts and assignments of errors are the same. The only difference is that the codefendant Gene Murphy fired the shots, and this defendant was driving the car. The defendant in this case was given a sentence of tAvo years in the penitentiary, and his codefendant, Gene Murphy, Avas given four years. It is, therefore, unnecessary to revieAV the evidence and the laAV as announced in that. case.

The judgment and sentence of the district court of LeFlore county is affirmed.

JONES, P. J., and DOYLE, J., concur.