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SPENCER v. STATE

No. A-12031.

275 P.2d 329 (1954)

Charles SPENCER, Plaintiff in Error, v. STATE of Oklahoma, Defendant in Error.

Criminal Court of Appeals of Oklahoma.

October 6, 1954.

Attorney(s) appearing for the Case

Sam W. Moore, Oklahoma City, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., James P. Garrett, Asst. Atty. Gen., for defendant in error.

JONES, Judge.

The defendant, Charles Spencer, was jointly charged with James Lavon Burns and Garrett Burns, Jr., in the District Court of Lincoln County with the crime of burglary in the second degree. Garrett Burns, Jr., entered a plea of guilty and was sentenced to serve a term of 7 years in the penitentiary but the sentence was suspended under the terms of the statute. 22 O.S. 1951 §§ 991 and 992. James Lavon Burns failed to appear at the time set for...

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