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HELTERBRAND v. STATE

No. A-13058.

365 P.2d 169 (1961)

Junior Roscoe HELTERBRAND, Plaintiff in Error, v. STATE of Oklahoma, Defendant in Error.

Court of Criminal Appeals of Oklahoma.

September 13, 1961.

Attorney(s) appearing for the Case

Fred W. Whetsel, McAlester, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., W.H. Layden, County Atty., Pittsburg Co., McAlester, for defendant in error.

BUSSEY, Judge.

Petitioner in error, hereinafter referred to as defendant, was charged by information in the district court of Pittsburg County with the offense of burglary in the second degree while acting in concert with one Teddy Gordon McGuire. A severance was granted, and the defendant was tried before a jury on November 17, 1960, whereupon defendant was found guilty and sentenced to serve a term of two years in the state penitentiary. Defendant then filed a motion...

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