OPINION
BRETT, Judge:
Appellant, Owen Lee Swaim, hereinafter referred to as defendant, was charged jointly with Mark Wynn Osterloh in the District Court, Tulsa County, Case No. CRF-75-2630, with the offense of Murder in the First Degree, in violation of 21 O.S.Supp. 1973, § 701.1, ¶ 2. A severance of trial from Osterloh was granted the defendant who was subsequently tried and convicted of the crime charged...
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