OPINION
BRETT, Judge.
The appellant, Robert L. Nelson, hereinafter referred to as defendant, was charged in the District Court, Pittsburg County, Case No. F-76-128, with the offense of Escape from Penitentiary in violation of 21 O.S. 1971, § 443. He was tried by a jury, convicted and sentenced to a term of five (5) years in the State penitentiary. From this judgment and sentence a timely appeal has been perfected...
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