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CHERRY v. STATE

No. A-12040.

276 P.2d 280 (1954)

Elmo CHERRY, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

Criminal Court of Appeals of Oklahoma.

November 3, 1954.

Attorney(s) appearing for the Case

Ungerman, Whitebook, Grabel & Ungerman, William Leiter, Tulsa, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., Sam H. Lattimore, Asst. Atty. Gen., for defendant in error.

BRETT, Judge.

Plaintiff in error Elmo Cherry, defendant below, was charged by information in the district court of Tulsa county, Oklahoma, with the crime of second degree burglary allegedly committed on the 4th day of June 1953. More particularly, he was charged with breaking and entering through the skylight, a certain building located at 316 South Main Street, a part of Froug's Department Store in the city of Tulsa, with...

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