Fritz v. State

*1198OPINION

BUSSEY, Judge:

Orbin Elder Fritz, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-75-2352 for the crime of Robbery with Firearms, in violation of 21 O.S.1971, § 801. Trial was had to a jury which found defendant guilty and fixed punishment at ten (10) years’ imprisonment. From said judgment and sentence a timely appeal has been perfected to this Court.

Briefly stated, the facts adduced on the trial reveal that John M. Weir operated Ken’s Grocery on South Pennsylvania in Oklahoma City. On June 7, 1975, he was not…