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SETH v. STATE

No. F-81-268.

647 P.2d 452 (1982)

David SETH, a/k/a Big Dave, Appellant, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

June 25, 1982.

Attorney(s) appearing for the Case

Lonnie R. Hardin, Johnson, Chaffin & Hardin, Tahlequah, for appellant.

Jan Eric Cartwright, Atty. Gen., Susan Talbot, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

CORNISH, Judge:

Appellant, David Seth, was convicted in the District Court, Cherokee County, for the crime of Assault and Battery with Intent to Kill. The jury set punishment at twenty (20) years' imprisonment.

On October 13, 1979, at approximately 2:30 a.m., 21 year old Ms. Carmen M. was attempting to make her way home after visiting some nightclubs in the Tahlequah area. After parting company with...

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