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YEARGAIN v. STATE

No. F-74-627.

535 P.2d 693 (1975)

Jacky Walter YEARGAIN, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

As Corrected May 14, 1975.

Attorney(s) appearing for the Case

Tim K. Baker & Paul E. Simmons, Tahlequah, for appellant.

Larry Derryberry, Atty. Gen., Bill Bruce, Asst. Atty. Gen., for appellee.

OPINION

BUSSEY, Judge:

Appellant, Jacky Walter Yeargain, hereinafter referred to as defendant, was charged, tried and convicted for the offense of Burglary in the Second Degree, Case No. CRF-73-134, in the District Court, Cherokee County. His punishment was fixed at a term of five (5) years imprisonment in the state penitentiary, and from said judgment and sentence a timely appeal has been perfected to this Court.

At the trial, Archie Brittain testified...

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