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PHILLIPS v. STATE

No. A-12556.

321 P.2d 724 (1958)

Charles Harold PHILLIPS, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

Criminal Court of Appeals of Oklahoma.

January 29, 1958.

Attorney(s) appearing for the Case

Earl Truesdell, Tulsa, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., Lewis A. Wallace, Asst. Atty. Gen., for defendant in error.

POWELL, Judge.

Charles Harold Phillips was indicted by a grand jury of Tulsa County, and charged with the larceny of an automobile; was tried in the district court before a jury, and convicted, but the jury being unable to agree upon the penalty, left that to the court with recommendation of leniency. The court assessed the punishment at a term of five years in the state penitentiary at McAlester. Prior to 1945 that was the...

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