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BEARD v. STATE

No. A-13663.

410 P.2d 567 (1965)

Maxwell BEARD and Lloyd Beard, Plaintiffs in Error, v. The STATE of Oklahoma, Defendant in Error.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied February 14, 1966.

Attorney(s) appearing for the Case

Kenneth W. Lackey, Eufaula, for plaintiffs in error.

Charles Nesbitt, Atty. Gen., Hugh H. Collum, Asst. Atty. Gen., for defendant in error.

BRETT, Judge.

Maxwell Beard and his brother Lloyd Beard were each charged in the district court of McIntosh County with the crime of burglary.

The information filed against Maxwell Beard, case No. 2863, charged:

"* * * that Maxwell Beard did, in McIntosh County and in the state of Oklahoma on or about the 5th day of August, 1964 and anterior to the presentment hereof, commit the crime of burglary —...

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