HUTTON v. STATE

No. A-11056.

91 Okla. Cr. 35 (1950)

215 P.2d 586

HUTTON v. STATE.

Criminal Court of Appeals of Oklahoma.

March 1, 1950.


Attorney(s) appearing for the Case

O.P. Estes and David Tant, Oklahoma City, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., and Lewis A. Wallace, Asst. Atty. Gen., for defendant in error.


JONES, P.J.

The defendant, Alexander Newton Hutton, was charged by information filed in the district court of Oklahoma county with the crime of robbery with firearms, was tried, convicted, and sentenced to serve 25 years in the State Penitentiary, and has appealed.

Two propositions are presented: First, there was a material variance between the allegations of the information and the proof; second, the sentence was excessive.

Under the first proposition...

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