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VANDIVER v. STATE

No. A-11791.

97 Okla. Cr. 217 (1953)

261 P.2d 617

VANDIVER v. STATE.

Criminal Court of Appeals of Oklahoma.

September 23, 1953.

Attorney(s) appearing for the Case

Coffey, Lassiter & Coffey, Tulsa, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., Lewis A. Wallace, Asst. Atty. Gen., and Lewis J. Bicking, County Atty., Tulsa County, Tulsa, for defendant in error.

POWELL, P.J.

Eugene Vandiver was tried and convicted by a jury in the district court of Tulsa county, where he was charged by information with the crime of assault with intent to commit a felony: Kidnapping. He was sentenced to serve one year in the county jail and to pay a fine of $500 and costs. The case is here on appeal.

The charging part of the information reads:

"* * * that Eugene Vandiver on the 12th day of September, A.D. 1951, [in Tulsa County...

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