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FRANKS v. ANDERSON

No. A-17197.

494 P.2d 1254 (1972)

Charles E. FRANKS, Petitioner/Plaintiff in Error, v. Park ANDERSON, Acting Warden, State Penitentiary, McAlester, Oklahoma, and The State of Oklahoma, Respondent/Defendant in Error.

Court of Criminal Appeals of Oklahoma.

March 2, 1972.

Attorney(s) appearing for the Case

Henry W. Floyd, Oklahoma City, and Richard D. Stone, Waurika, for petitioner-plaintiff in error.

Larry Derryberry, Atty. Gen., Paul D. Crowe, Asst. Atty. Gen., for respondent-defendant in error.

OPINION

SIMMS, Judge:

Petitioner was charged by information filed in the District Court of Jefferson County, Oklahoma, on September 10, 1971, with the alleged felonious "Escape From Jail By Force" in case number CRF-70-41. This offense was alleged to have occurred on December 17, 1970. Petitioner was subsequently tried and convicted by a jury on this information and on October 13, 1971, sentenced to a term of five (5) years in the custody of the State Department...

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