Court of Criminal Appeals of Oklahoma April 8, 1970, A-14894 (Smith v. State)

BUSSEY, Judge.

James Franklin Smith, hereinafter referred to as defendant, wa.s charged, tried and convicted in the District Court of Oklahoma County; William S. Myers, Jr., bery with Firearms; he was sentenced to serve 45 years in the state penitentiary, and appeals.

The record discloses that the first witness called by the State was Homer Piatt, the victim of the robbery.