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MAINES v. STATE

No. A-11858.

97 Okla. Cr. 386 (1953)

264 P.2d 361

MAINES v. STATE.

Criminal Court of Appeals of Oklahoma.

December 9, 1953.

Attorney(s) appearing for the Case

Elmore A. Page, Tulsa, for plaintiff in error.

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

POWELL, P.J.

Leo D. Maines was charged by information in the district court of Tulsa county with the crime of burglary, second degree, second and subsequent offense. The jury found him guilty and assessed his punishment at ten years in the State Penitentiary.

The charge was apparently filed under section 1435 of Title 21, O.S. 1951, and being a second and subsequent offense, section 51, paragraph 1 of the same Title would apply, which fixes the minimum penalty...

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