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SMITH v. STATE

No. F-80-95.

626 P.2d 1357 (1981)

Ernie SMITH a/k/a Ernest Eugene Smith, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

April 13, 1981.

Attorney(s) appearing for the Case

George Van Wagner, Clarke & Van Wagner, Inc., Shawnee, for appellant.

Jan Eric Cartwright, Atty. Gen., Danny K. Shadid, Asst. Atty. Gen., State of Oklahoma, Oklahoma City, for appellee.

OPINION

CORNISH, Judge:

The pivotal issue in this appeal is whether the appellant was properly charged and convicted with the crime of Escape from County Jail under 21 O.S. 1971, § 435, rather than under 21 O.S.Supp. 1976, § 443.

While in the Pottawatomie County jail awaiting transportation to the Department of Corrections facility at Lexington, Oklahoma, in accordance with a twenty (20) year...

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