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PAYNE v. STATE

No. A-12564.

330 P.2d 382 (1958)

Clyde Melton PAYNE, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

Criminal Court of Appeals of Oklahoma.

Rehearing Denied July 9, 1958.

Second Petition for Rehearing Denied October 15, 1958.

Attorney(s) appearing for the Case

Hendon & Hendon, Shawnee, for plaintiff in error.

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

BRETT, Presiding Judge.

Plaintiff in error, Clyde Melton Payne, defendant below, was charged by information in the District Court of Pottawatomie County, Oklahoma, with the crime of burglary in the second degree, the alleged crime being the burglary of a cafe located one mile west of Oklahoma Baptist University on Highway 270 in said county and state. He was tried to a jury, convicted, and his punishment fixed at two years...

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