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MULLER v. STATE

No. A-14351.

456 P.2d 903 (1969)

Robert J. MULLER, Sr., and Frank Muller, Plaintiffs in Error, v. The STATE of Oklahoma, Defendant in Error.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied June 25, 1969.

Second Rehearing Denied July 15, 1969.

Attorney(s) appearing for the Case

Frank Grayson and Jack L. Spivey, Oklahoma City, for plaintiffs in error.

G.T. Blankenship, Atty. Gen., Dale F. Crowder, Asst. Atty. Gen., for defendant in error.

BUSSEY, Judge.

Robert J. Muller, Sr. and Frank Muller, hereinafter referred to as defendants, were jointly charged with the offense of Embezzlement by Trustee. They were tried by a jury who found them guilty and left the punishment to be fixed by the court. The trial court fixed the punishment at five years imprisonment in the State Penitentiary and a timely appeal has been perfected to this Court.

On appeal the defendant...

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