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THOMAS v. STATE

No. A-13576.

404 P.2d 71 (1965)

Alton M. THOMAS, Plaintiff in Error, v. STATE of Oklahoma, Defendant in Error.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied August 2, 1965.

Attorney(s) appearing for the Case

W.B. Ward, Jr., Ada, for plaintiff in error.

Charles L. Owens, Asst. Atty. Gen., for defendant in error.

BUSSEY, Presiding Judge.

Alton M. Thomas was tried by a jury in the District Court of Hughes County and convicted for the offense of attempted robbery with firearms after former conviction of felonies, and appeals.

It is first contended by plaintiff in error that the trial court erred in instructing the jury that:

"If you find, beyond a reasonable doubt, that the defendant is guilty, as charged, of attempted...

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