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Conner v. State

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eBook details

  • Title: Conner v. State
  • Author : Supreme Court of the State of Oklahoma
  • Release Date : January 08, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

1 Appellant, Clifford Conner, who will hereinafter be referred to as defendant, was convicted on September 18, 1973, in Stephens County District Court Case No. CRF-73-3, for the offense of Attempted Burglary in the Second Degree, After Former Conviction of a Felony. Defendant entered a demurrer to the States evidence which was denied by the trial court. After being properly instructed and after closing arguments on both sides were had, the jury retired and subsequently returned a verdict finding defendant guilty of the basic charge. During the second stage of defendants trial the State introduced three separate and properly certified judgments and sentences which reflected that one Clifford Conner had been convicted in Lubbock County, Texas. In each instance defendant was represented by court appointed counsel. The first conviction reflected that Clifford Conner was convicted July 15, 1965 for the offense of passing a forged instrument; the second reflected that Clifford Conner was convicted November 8, 1966 for the offense of attempting to pass a forged instrument; and the third judgment and sentence reflects that one Clifford Conner was convicted June 17, 1969 for the offense of burglary. After submitting the three judgments and sentences the State rested its case in the second stage of the trial. Defendant thereupon demurred to the evidence and moved to dismiss, both of which motions were denied by the trial court. Defendant then called Deputy Sheriff Warren MaGhee to testify concerning defendants good conduct while serving in the county jail. At the conclusion of oral argument the jury was properly instructed to determine the sufficiency of the States evidence in the second stage of appellants trial. The jury returned a verdict finding defendant guilty in the second stage of the trial and assessed punishment at five years confinement in the State Penitentiary. From that judgment and sentence this appeal has been perfected.


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