Fleming v. State

OPINION

BUSSEY, Judge:

Appellant, Patrick Allen Fleming, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Pittsburg County, Case No. F-73-198, for the offense of Escape from the Oklahoma State Penitentiary, in violation of 21 O.S.1971, § 443. His punishment was fixed by jury at a term of five (5) years imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.

Briefly stated, the record reveals the following facts. The defendant was committed to the Oklahoma State Penitentiary on December 23, 1971, for…