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SIZEMORE v. STATE

No. A-17794.

507 P.2d 1330 (1973)

Truman SIZEMORE, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

March 13, 1973.

Attorney(s) appearing for the Case

Steve Stack, Chickasha, for appellant.

Larry Derryberry, Atty. Gen., and Fred H. Anderson, Asst. Atty. Gen., and Robert Dennis, Legal Intern, for appellee.

OPINION

BLISS, Presiding Judge:

Truman Sizemore, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Grady County, Oklahoma, for the offense of Second Degree Burglary. He was sentenced to two (2) years in the State Penitentiary, and from said judgment and sentence, a timely appeal has been perfected to this Court.

The evidence at trial shows defendant and George Sumpter were driving upon Oklahoma Highway...

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