OPINION
BUSSEY, Judge:
Appellant, Patrick Allen Fleming, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Pittsburg County, Case No. F-73-198, for the offense of Escape from the Oklahoma State Penitentiary, in violation of 21 O.S. 1971, § 443. His punishment was fixed by jury at a term of five (5) years imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.
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