POWELL, J.
The plaintiff in error, Donald M. Flowers, who will hereinafter be referred to as defendant, was charged by information filed in the district court of Kay county, Oklahoma, with the crime of kidnapping. By provision of Tit. 21 O.S. 1941 § 745, the penalty on conviction might be fixed at death, or imprisonment in the penitentiary for not less than ten years. Defendant was tried before a jury, convicted and his punishment assessed at imprisonment in...
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