OPINION
BLISS, Judge:
Appellant, Robert Wayne McVey, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Atoka County, Case No. CRF-74-48, for the offense of Escape From a State Penitentiary, in violation of 21 O.S.Supp. 1974, § 443. His punishment was fixed by jury at a term of two and one-half (2½) years imprisonment, and from said judgment and sentence a timely...
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