Kimbro v. State

BUSSEY, Presiding Judge:

Frank Thomas Kimbro, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Pittsburg County, Oklahoma, for the offense of Escape. His punishment was fixed at two (2) years imprisonment and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the non-jury trial, the parties stipulated that the court could consider the testimony given by witnesses at the defendant’s Preliminary Hearing. The witnesses testified that on the 18th day of January, 1971, the defendant was transferred on medical leave to…