JOHNSTON v. STATE

No. F-76-465.

555 P.2d 629 (1976)

Larry Wayne JOHNSTON, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

October 12, 1976.


Attorney(s) appearing for the Case

Peter Clinton Moore, Norman, for appellant.

Larry Derryberry, Atty. Gen., Robert L. McDonald, Asst. Atty. Gen., for appellee.


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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