POWELL, J.
The plaintiff in error, Frank Emmett Rice, who will hereinafter be referred to as defendant, was charged by information filed in the district court of Tulsa county jointly with Warren D. Byers and George David Crittenden, with the crime of second degree burglary, second offense, and was, after obtaining severance, separately tried before a jury, convicted and his punishment assessed at 18 years in the penitentiary. Appeal has been perfected to this court...
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