OPINION
BRETT, Presiding Judge:
The appellant, Larry Wayne Johnston, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Cleveland County, Case No. CRF-75-528, for the offense of Escape From Penitentiary. From a jury sentence of two (2) years the defendant perfects this appeal.
The State's evidence disclosed that prior to September 30, 1975, defendant was incarcerated...
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