Bayouth v. State
40 Okla. Crim. 160
Okla. Crim. App.
1928
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On a petition for rehearing it is earnestly urged that the punishment assessed is excessive and that justice requires that the judgment should be modified. We have again examined the record and are of the opinion that this contention is well founded.

The judgment (39 Okla. Crim. 8, 262 P. 702) is therefore *Page 161 modified to the extent of striking out the imprisonment assessed. The petition for rehearing is overruled. Mandate forthwith.

DOYLE, P.J., and DAVENPORT, J., concur.