POWELL, J.
The plaintiff in error, LeRoy Weathersby, hereinafter referred to as defendant, has appealed to this court from a judgment of conviction and sentence of imprisonment in the State Penitentiary at McAlester, for a period of nine years, rendered on a charge of larceny of an automobile, in Oklahoma county. Defendant was tried in the district court of Oklahoma county before a jury, with sentence left to be fixed by the court.
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