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STATE v. STEPHENSON

No. 63576.

735 P.2d 348 (1986)

STATE of Oklahoma, Plaintiff-Appellee, v. Walter G. STEPHENSON, Defendant-Appellant.

Court of Appeals of Oklahoma, Division No. 4.

Rehearing Denied January 26, 1987.

As Corrected May 13, 1987.

Attorney(s) appearing for the Case

David Moss, Dist. Atty., Mark D. Lyons, Asst. Dist. Atty., Tulsa, for plaintiff-appellee.

John Echols, Echols & Echols, Inc., Tulsa, for defendant-appellant.

Released for Publication by Order of the Court of Appeals of Oklahoma, Division No. 4.

BRIGHTMIRE, Judge.

The question for review is whether a defendant who is charged with a felony by the State of Oklahoma is entitled to recover the cost of a transcript of preliminary testimony which he requested to aid him in establishing the merits of his demurrer to the state's evidence.

We hold that he is.

I

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