Miles v. State

1 Plaintiff in error W.F. Miles, defendant below, was charged in the district court of Tulsa county, Oklahoma, by information with the commission of the crime of perjury, Title 21, §§ 491, 497, O.S. 1951, second and subsequent offense, Title 21, § 51 [21-51], O.S. 1951. The defendant was tried by a jury, convicted, but the jury being unable to agree on the punishment, the same was left to the determination of the trial judge. On the jurys verdict, the trial judge fixed the punishment at 10 years in the penitentiary and entered judgment accordingly, from which this appeal has been perfected.