OPINION
BLISS, Judge:
The appellee, Clarence J. Durham, hereinafter referred to as defendant, was charged by preliminary information dated December 27, 1965, in the Common Pleas Court in and for Tulsa County, State of Oklahoma, Case No. 144263, for the crime of Murder, in violation of 21 O.S. 1961, § 701. On January 25, 1966, the defendant by his then attorney of record made application to the District Court...
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