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LYLES v. STATE

No. A-12595.

330 P.2d 734 (1958)

Edward Lee LYLES, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

Criminal Court of Appeals of Oklahoma.

Concurring Opinion October 1, 1958.

Attorney(s) appearing for the Case

Gordon L. Patten, Tulsa, for plaintiff in error.

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

Lytle, Johnston & Soule, Oklahoma City, amicus curiae.

BRETT, Presiding Judge.

The plaintiff in error, Edward Lee Lyles, defendant below, was charged by information in the District Court of Oklahoma County, Oklahoma, with the crime of burglary in the second degree after former conviction of a felony. He was tried by a jury, convicted, and the jury being unable to agree on the punishment, left the same to be fixed by the trial court....

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