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PATRICK v. STATE

No. A-16485.

502 P.2d 1289 (1972)

Calvin Morris PATRICK, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

October 25, 1972.

Attorney(s) appearing for the Case

Don Anderson, Public Defender, Oklahoma County, for appellant.

Larry Derryberry, Atty. Gen., Nathan Gigger, Asst. Atty. Gen., for appellee.

OPINION

BUSSEY, Presiding Judge:

Appellant, Calvin Morris Patrick, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Oklahoma, for the offense of Murder; his punishment was fixed at Death and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the trial, Thomas Berryhill testified that he was nineteen (19) years of age and

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