MEMORANDUM OPINION
BUSSEY, Presiding Judge:
Appellant, Samuel Gordon Rucker, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-76-4499, of the offense of Escape From a State Penitentiary, in violation of 21 O.S. 1971, § 443. His punishment was fixed at two (2) years' imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.
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