OPINION
BLISS, Judge:
Appellant, Patrick Gregory Murphy, hereinafter referred to as defendant, was convicted of the crime of Embezzlement By Employee, pursuant to 21 O.S. 1971, § 1456, upon trial by jury in the District Court, Tulsa County, Case No. CRF-77-2774, and sentenced to a term of six (6) months in the custody of the Department of Corrections. From said judgment and sentence the defendant brings this timely appeal.
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