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PORTER v. STATE

No. F-79-307.

611 P.2d 278 (1980)

Johnny Lee PORTER, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

May 20, 1980.

Attorney(s) appearing for the Case

Leslie R. Earl, Jr., Public Defender, for appellant.

Jan Eric Cartwright, Atty. Gen., Danny K. Shadid, Asst. Atty. Gen., Michael Lee Bardrick, Legal Intern, for appellee.

OPINION

BUSSEY, Judge:

Johnny Lee Porter appeals from his conviction in Tulsa County District Court, Case No. CRF-78-1396, for the offense of Assault and Battery With a Dangerous Weapon, 21 O.S. 1971, § 645, which resulted in a sentence of four (4) years and one (1) month in the penitentiary.

The relevant evidence at trial may be summarized as follows: The thrust of the State's case was that the prosecuting witness was pulled from his house...

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