Rushing v State

Rushing v State
1948 OK CR 113
199 P.2d 620
88 Okl.Cr. 95
Decided: 11/10/1948
Oklahoma Court of Criminal Appeals

On Rehearing.

Appeal from District Court, Oklahoma County; Lucius Babcock, Judge.

Judgment and sentence modified and affirmed as modified.

For former opinion, see 86 Okla. Cr. 241, 190 P.2d 828.

Rutherford H. Brett, of Oklahoma City, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., and Warren H. Edwards, Co. Atty., of Oklahoma City, for the State.

BAREFOOT, P. J. Defendant, Tilson O'Dane Rushing, has for some time had pending in this court an appeal in another case (88 Okla. Cr. 82, 199 P.2d 614) where he was convicted of the crime of burglary, and sentenced to serve a term of six years in the State Penitentiary. An opinion has this day been handed down by the court in that case (Rushing v. State) in which the judgment and sentence was modified from a term of six years to a term of three years in the State Penitentiary.

Judge Jones, in modifying the judgment and sentence in that case, stated:

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