Coffey v. State , 94 Okla. Crim. 327 ( 1951 )

On. Rehearing

BRHTT, P. J.

On petition for rehearing under the auíhorüy of Title 22, g 1066, O. S. A. 1941, we are of the opinion, that in view of the defendant’s record prior to the occurrence of the issues herein involved, the judgment and sentence should be and the same is hereby modified from 5 years in the penitentiary to a term of.3 years in the State Penitentiary at McAlester, Oklahoma.

JONES and POWELL, JJ., concur.