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STATE v. HAMMOND

No. S-87-994.

775 P.2d 826 (1989)

STATE of Oklahoma, Appellant, v. Michael Wayne HAMMOND, Appellee.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied September 18, 1989.

Attorney(s) appearing for the Case

David L. Moss, Dist. Atty. and Paul B. Smith, Asst. Dist. Atty., Tulsa, for appellant.

Everett Bennett, Jr., Frasier and Frasier, Tulsa, for appellee.

OPINION

PARKS, Vice Presiding Judge.

The State, alternatively under 22 O.S. 1981, § 1053(1) or § 1053(3) has appealed the decision of the Tulsa County District Court, which dismissed Case No. CRM-87-123, holding that the evidence presented was insufficient to show force or violence as required by 21 O.S. 1981, §§ 641 and 642.

We do not reach the merits of this case as the appeal must be dismissed insofar as it does not fall within...

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