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STATE v. McCANN

No. S-95-606.

907 P.2d 239 (1995)

STATE of Oklahoma, Appellant, v. Beryl R. McCANN, Appellee.

Court of Criminal Appeals of Oklahoma.

November 27, 1995.

Attorney(s) appearing for the Case

James Thornley, District Attorney of the 19th Judicial District, Maria Tasi Malowney, Assistant District Attorney, Durant, for Appellant.

Garvin A. Isaacs, Scott K. Suchy, Oklahoma City, for Appellee.

OPINION

STRUBHAR, Judge:

Appellant, State of Oklahoma, appeals the order of the District Court of Bryan County, sustaining McCann's demurrer to the Information charging him with Second Degree Felony Murder. See 22 O.S. 1991, § 1053. The State alleged in its Information that McCann caused his wife's death while engaging in unlawful delivery of a controlled dangerous substance by repeatedly...

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