CARTER v. STATE

No. A-12121.

279 P.2d 956 (1955)

Leroy CARTER, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

Criminal Court of Appeals of Oklahoma.

January 26, 1955.


Attorney(s) appearing for the Case

Cecil E. Robertson, Muskogee, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., Lewis A. Wallace, Asst. Atty. Gen., for defendant in error.


POWELL, Judge.

Leroy Carter, who will hereinafter be referred to as defendant, as in the lower court, was charged by information filed in the district court of Muskogee County with the crime of burglary in the first degree. On trial the jury found the defendant guilty of burglary in the second degree and fixed his punishment at a term of four years in the State Penitentiary at McAlester.

The information charged essentially that the burglary was committed by...

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