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SMITH v. STATE

No. A-12064.

278 P.2d 557 (1954)

Clarence Edward SMITH, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

Criminal Court of Appeals of Oklahoma.

December 22, 1954.

Attorney(s) appearing for the Case

Henry Seaton, Tulsa, for plaintiff in error.

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

POWELL, Presiding Judge.

The plaintiff in error, hereinafter referred to as defendant, was charged jointly with one Billy Lee Mills in the district court of Tulsa County with the theft of a certain 1951 Oldsmobile automobile, the property of Robert A. Wesche. Thereafter, on August 5, 1953, each of said defendants on arraignment entered a plea of not guilty.

On August 12, 1953, Billy Lee Mills withdrew his plea of...

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