Stubbs v State

Annotate this Case

Stubbs v State
1948 OK CR 117
200 P.2d 456
88 Okl.Cr. 102
Decided: 11/17/1948
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and ErrorSufficiency of Evidence to Sustain Conviction for Manslaughter in First Degree. Where there is substantial evidence to support the verdict of the jury, conviction will not be reversed on the ground of insufficiency of evidence merely because there is a sharp conflict in the testimony of the witnesses for the state and defendant.

Page 103

Appeal from District Court, Oklahoma County; Clarence Mills, Judge.

J. E. Stubbs was convicted of manslaughter in the first degree, and he appeals. Affirmed.

David Tant and Thad L. Klutts, both of Oklahoma City, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., for defendant in error.

JONES, J. The defendant, J. E. Stubbs, was charged by information filed in the district court of Oklahoma county with the crime of murder, was tried, found guilty of the included offense of manslaughter in the first degree, with the punishment left to the court. After overruling the motion for new trial, defendant was sentenced to serve a term of seven years imprisonment in the State Penitentiary and has appealed.

No brief has been filed on behalf of the defendant and no appearance was made at the time the case was assigned for oral argument. Under the rules of this court, where no briefs are filed, nor argument presented, the court will examine the evidence to ascertain if it supports the verdict, and examine the pleadings, instructions of the court, and the judgment; and if no material error is apparent, the judgment will be affirmed. Smith v. State, 81 Okla. Cr. 203,162 P.2d 331.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.