Van White v. State

1 The appellant, Steven Van White, was tried by jury in Okmulgee District Court, Case No. CRF-82-375, before the Honorable John Maley, District Judge. He was convicted of First Degree Malice Aforethought Murder (21 O.S. 1981 § 701.7 [21-701.7]) (Count I), Assault and Battery With Intent to Kill (21 O.S. 1981 § 652 [21-652]) (Count II), Robbery With a Dangerous Weapon, (21 O.S.Supp. 1982 § 801 [21-801]) (Count III), and Attempted Rape, (21 O.S. 1981 § 1114 [21-1114]) (Count IV). The jury recommended sentences respectively of death, twenty (20) years, and two terms of life imprisonment. Judgment and sentence was imposed in accordance with the jurys verdict. We reverse and remand Count I for a new trial, and otherwise affirm. In light of our disposition of appellants thirteenth assignment of error, which requires that Count I be reversed and remanded for a new trial, we find it unnecessary to address any other assignments of error relating solely to Count I.