POWELL, J.
The defendant, Ed Taylor, alias Ed Shirley, was charged in the district court of Muskogee county with grand larceny, was tried before a jury, convicted, and the jury being unable to agree upon the punishment, left same to be fixed by the court, and the court thereafter entered judgment sentencing the defendant to be imprisoned in the penitentiary at McAlester, Okla., for the term and period of four years. Appeal has been perfected to this court. The petition...
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