[Download] "Cherry v. State" by Supreme Court of the State of Oklahoma # eBook PDF Kindle ePub Free

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eBook details

• Title: Cherry v. State
• Author : Supreme Court of the State of Oklahoma
• Release Date : January 03, 1954
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

1 Plaintiff in error Elmo Cherry, defendant below, was charged by information in the district court of Tulsa county, Oklahoma, with the crime of second degree burglary allegedly committed on the 4th day of June 1953. More particularly, he was charged with breaking and entering through the skylight, a certain building located at 316 South Main Street, a part of Frougs Department Store in the city of Tulsa, with the felonious intent and purpose of stealing therein certain valuable personal property, and carrying the same away without the consent of the owner thereof. He was further charged in the information as a second and subsequent offender, Title 21, ? 51 [21-51], O.S. 1941, having been formerly convicted on June 6, 1950 for the crime of second degree burglary, and for which crime he was sentenced to a term of 4 years in the penitentiary at McAlester. He was tried on this charge, convicted by the jury, and being unable to agree on the punishment it was left to the trial court, which fixed the same at a term of 15 years in the State Penitentiary. From the judgment and sentence so imposed this appeal has been perfected.

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