MEMORANDUM OPINION
BRETT, Presiding Judge.
Plaintiff in error, William Newton Rose, hereafter referred to as defendant, is appealing from a conviction in the district court of Pittsburg County for the crime of armed robbery for which he was sentenced to serve five years in the state penitentiary. Judgment and sentence was passed on defendant in district court case number 6058, on August 29, 1966, after which the appeal was lodged in this Court.
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