STATE v. DUKE

No. O-76-975.

561 P.2d 582 (1977)

The STATE of Oklahoma, Appellant, v. John Barry DUKE, Appellee.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied March 29, 1977.


Attorney(s) appearing for the Case

Richard Gann, Asst. Dist. Atty., Tulsa County, Tulsa, for appellant.

Allen B. Pease, Tulsa, for appellee.


OPINION

BUSSEY, Presiding Judge:

On September 28, 1976, John Barry Duke, hereinafter referred to as defendant was charged in Case No. CRM-76-1251 with commission of the crime of Assault and Battery Upon a Police Officer, in violation of 21 O.S. 1971, § 649. On October 5, 1976, the defendant was arraigned and entered a plea of not guilty. Then on October 12, 1976, the defendant filed a motion to set aside the...

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