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GRACE v. HARRIS

No. A-16617.

485 P.2d 757 (1971)

Daniel Patrick GRACE, Petitioner, v. Curtis P. HARRIS, District Attorney, and the District Court of Oklahoma County, Oklahoma, Respondents.

Court of Criminal Appeals of Oklahoma.

May 19, 1971.

Attorney(s) appearing for the Case

T. Hurley Jordan, Asst. Public Defender, Oklahoma County, Okl., for petitioner.

Larry Derryberry, Atty. Gen., Sondra Fogley, Asst. Atty. Gen., Curtis P. Harris, Dist. Atty., Dick Blakley, Asst. Dist. Atty., for respondents.

NIX, Judge:

This is an original proceeding by the petitioner, Daniel Patrick Grace, for a writ of prohibition to direct respondent to dismiss prosecution against him in Oklahoma County District Court Case No. CRF-71-444, charging Use of a Firearm in Commission of a Felony (21 O.S., § 1287). Petitioner claims his prosecution is barred by the constitutional double jeopardy prohibition; the statutory bar against double...

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