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BRAY v. PAGE

No. A-16799.

494 P.2d 339 (1972)

Frederick Douglas BRAY, Plaintiff in Error, v. Ray H. PAGE, Warden, State Penitentiary, Defendant in Error.

Court of Criminal Appeals of Oklahoma.

February 23, 1972.

Attorney(s) appearing for the Case

Edgar H. Parks, Tulsa, for plaintiff in error.

Larry Derryberry, Atty. Gen., Curtis P. Harris, Dist. Atty., Oklahoma County, for defendant in error.

BRETT, Judge:

This is an original proceeding for a Writ of Habeas Corpus. The issue presented for determination is whether the petitioner may be convicted and sentenced for Shooting with the Intent to Kill and convicted and sentenced for Attempted Robbery with Firearms, where both charges arise out of the same act.

On April 7, 1967 at about 5:30 a.m., a tractor-trailer truck was proceeding North on Lindsay Street in Oklahoma City. The truck driver, Jack Ledford...

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