Carr v State

Carr v State
1945 OK CR 118
163 P.2d 241
81 Okl.Cr. 261
Decided: 10/31/1945
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error-Appeal Without Merit-Judgment Affirmed.

Appeal from District Court, Oklahoma County; Lewis R. Morris, Judge.

Bennie J. Carr was convicted of manslaughter in the first degree, and he appeals. Affirmed.

Mathers & Mathers, of Oklahoma City, for plaintiff in error.

Randell S. Cobb, Atty. Gen., and Sam H. Lattimore, Asst. Atty. Gen., for defendant in error.

JONES, J. The defendant, Bennie J. Carr, was charged by information filed in the district court of Oklahoma county, on August 23, 1943, with the crime of murder. Defendant was arraigned on August 28, 1943, and entered a plea of not guilty. Case was set for trial on September 20, 1943, and on that date, defendant appeared in person and by his attorney and withdrew his plea of not guilty and entered a plea of guilty to manslaughter in the first degree.

Defendant and his counsel agreed to submit the facts to the court and leave the punishment to the discretion of the court. The court heard the arguments and then set the punishment at 50 years in the State Penitentiary. Later, two days after the sentence had been pronounced, defendant and a new counsel filed a motion to set aside the judgment and withdraw the plea of guilty and enter a plea of not guilty. It was alleged that defendant understood

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the penalty on a plea of guilty would not be more than 10 or 20 years, but that this 50 year sentence was equivalent to a life sentence to a man 45 years of age, as the defendant was. Motion to set aside judgment was overruled and a notice of appeal to the Criminal Court of Appeals was filed.