Court of Criminal Appeals of Oklahoma January 16, 1976, No. F-75-472 (McClain v. State)

OPINION

BRETT, Presiding Judge:

Appellant, John Leroy McClain, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-74-3322, for the offense of Murder in the Second Degree, in violation of 21 O.S. Supp.1973, § 702.