POWELL, J.
The plaintiff in error, James Oliver Brannon, hereinafter referred to as defendant, was tried and convicted by a jury in the district court of Oklahoma county for the crime of larceny of an automobile, the punishment was left to the court, and defendant was sentenced to a term of three years in the State Penitentiary, this being the minimum sentence provided by the applicable statute, Tit. 21 O.S. 1941 § 1720, as amended, Laws 1945, p. 96, § 1...
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