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BYINGTON v. STATE

No. A-12989.

363 P.2d 301 (1961)

Benny James BYINGTON, Plaintiff in Error, v. STATE of Oklahoma, Defendant in Error.

Court of Criminal Appeals of Oklahoma.

June 14, 1961.

Attorney(s) appearing for the Case

Howard, Carr & Harris, Tulsa, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., Owen J. Watts, Asst. Atty. Gen., for defendant in error.

BRETT, Judge.

The plaintiff in error, Benny James Byington, defendant below, was charged by information in the district court of Tulsa County, Oklahoma, with the crime of burglary, second degree, after former conviction of a felony. The crime was allegedly committed on June 27, 1960, in Tulsa County, Oklahoma, by breaking and entering the premises of Dr. L.P. McElwaine, located at 1307 South Main Street in said city, county...

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