OPINION
BUSSEY, Judge:
Appellant, Ruel Hux, Jr., hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Atoka County, Case No. CRF-75-52, for the offense of Escape From a State Penitentiary, in violation of 21 O.S. 1971, § 443. The jury fixed his punishment at five (5) years' imprisonment in the State penitentiary, and from said judgment and sentence a timely appeal has...
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