POWELL, J.
The plaintiff in error, John C. Brown, who will hereinafter be referred to as defendant, was charged by information filed in the district court of Oklahoma county with the crime of larceny of domestic animals, was tried before a jury, convicted and his punishment fixed at confinement in the State Penitentiary for a period of five years, and judgment and sentence in accordance was duly entered. Appeal has been perfected to this court.
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