BRETT, P.J.
The plaintiff in error W.J. Happy Dunn, defendant below, was charged in the district court of Carter county, Oklahoma, with the crime of burglary in the second degree. A jury being waived, he was tried and convicted by the court which fixed his punishment at 3 1/2 years in the penitentiary. In the information it was alleged, in substance, that the crime was committed on May 22, 1948, by breaking and entering in the nighttime the Taylor Drug Store in the...
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