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CASE v. STATE

No. A-14691.

450 P.2d 832 (1969)

Homer T. CASE, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

Court of Criminal Appeals of Oklahoma.

February 12, 1969.

Attorney(s) appearing for the Case

Stanley Pierce, Oklahoma City, for plaintiff in error.

G.T. Blankenship, Atty. Gen., Curtis P. Harris, Dist. Atty., Tom P. Harley, Asst. Dist. Atty., for defendant in error.

BUSSEY, Judge.

Homer T. Case, hereinafter referred to as defendant, was charged in the District Court of Oklahoma County, with the crime of Robbery with Firearms. He was tried by a jury who found him guilty and sentenced him to serve 35 years in the State Penitentiary at McAlester. From said judgment and sentence a timely appeal has been perfected to this Court.

Briefly stated, the facts adduced on the trial reveal that on the 18th day of February,

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