OPINION
Ermin Dаle Ball, appellant, hereinafter referred to as defendant, was charged, tried, and, convicted in the District Court of Oklahoma County, Oklahoma, of the crime of Taking Indecent Liberties with a Female Child Under the Age of Fourteen Years. He was sentenсed to one (1) year in the State Penitentiary, and from that conviqtion .and sentence a timely appeal has been made to this Court.
On February 10, 1972, defendant, along with, several other men, was visiting the home of Wanda Laverne Legg. The men had been drinking that day аnd they continued drinking at the Legg residence. About 10:00 p. m. the defendant got up and proceeded to the bathroom. Shortly thereafter, Phyllis Legg, the daughter of Laverne Legg, bеgan screaming so Mrs. Legg and the men went to her bedroom where defendant was seеn pulling up his pants and running toward the front door.
Phyllis Legg, who was twelve years old at the time, testified that she was in bed asleep and was awakened by the defendant, who was stripрed to his undershorts. She testified that he was on his knees beside the bed and had his hand between her legs.
The defendant testified that he did not molest the girl, but Mrs. Legg testified that the defendant tоld her at the preliminary hearing that he could not believe he had done it and that he wished he was dead. Defendant further testified that he had gone into a different bedroom to sleep and was awakened by Mr. Langford, who was one of the men in the house. He testified that Mr. Langford began shaking and pushing him so he ran out of the house to avoid trouble. However, Mrs. Legg testified that Mr. Langford did not leave the front room during the whole incident.
Thе first proposition defendant asserts is that the verdict is not substantiated by sufficient evidence.
The evidence in this case is conflicting, but this Court has held in numerous cases:
“Where thеre is competent evidence in the record from which the jury could reasonаbly conclude that the defendant was guilty as charged, the Court of Criminal Appeals will not interfere with the verdict, even though there is a sharp conflict in the evidence and different inferences may be drawn therefrom since it is the exclusive province оf the jury to weigh the evidence and determine the facts.” Jones v. State, Okl.Cr.,468 P.2d 805 (1970)
See also Kelly v. State, Okl.Cr.,
*910 Defendant’s next proposition is that the court erred in instructing the jury, but this contention cannot be sustained.
Counsel for defendant objected to one of the instructions and complains thаt it was error for the court to give it to the jury.
In Schapansky v. State, Okl.Cr.,
“Where counsel is not satisfied with instructions that are given, or desires court to give any particular instruction, or to more definitely or sufficiently state any propositions embraced in instructions, it is the duty of counsel to рrepare and present to the court such desired instructions and request that it be givеn in absence of such request, Court of Criminal Appeals will not reverse case if instruсtions generally cover subject matter of inquiry.”
See also Clark v. State, Okl.Cr.,
In the case at bar counsel failеd to do this, so the error cannot be urged on appeal.
Defendant’s next proposition is that the verdict is excessive.
This Court has often held that the question of excessiveness of punishment must be determined by a study of all facts and circumstances in eаch particular case, and the Court of Criminal Appeals does not have thе power to modify a sentence unless we can conscientiously say that under аll facts and circumstances the sentence is so excessive as to shock the conscience of the court. Roberts v. State, Okl.Cr.,
In the case at bar defendant received one year in the State Penitentiary, which is the minimum sentence allowеd by law, so it cannot be said that the sentence is excessive.
Defendant urges two оther errors in his Petition in Error. First, defendant asserts that there were errors of law committed at trial, however after carefully searching the record, these errors cannot be found. A more specific assignment of error - is needed so the subject can be more carefully researched and analyzed.
Defendant also urges as error that the verdict is contrary to and in disregard of the court’s instructions. Again, however, а careful search of the record and the instructions does not reveal this error.
Judgment and sentence affirmed.