1 The plaintiff in error, Ernest Fields, hereinafter referred to as defendant, was on 2 February, 1954 by information filed in the district court of Tulsa County, charged jointly with Lorenzo Alfonso Hayes with the murder of Vol Dale Royster, as a result of gunshot wounds alleged to have been wilfully inflicted on the body of the deceased on 12 December, 1953. A severance was granted Hayes, and the defendant Fields was tried before a jury, found guilty of murder and with punishment fixed at death in the electric chair in the State Penitentiary at McAlester. Appeal has been duly perfected to this court, and the sentence has been ordered stayed, as provided by law.