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LIVINGSTON v. STATE

No. A-12652.

335 P.2d 937 (1959)

James Donald LIVINGSTON, Plaintiff in Error, v. STATE of Oklahoma, Defendant in Error.

Criminal Court of Appeals of Oklahoma.

February 18, 1959.

Attorney(s) appearing for the Case

Wayne Wheeling, Oklahoma City, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., Sam H. Lattimore, Asst. Atty. Gen., William N. Mounger, Asst. County Atty., Oklahoma City, for defendant in error.

NIX, Judge.

Plaintiff in error, James Donald Livingston, was charged by information in the District Court of Oklahoma County with the commission of the crime of burglary in the second degree, after former conviction of a felony on December 7, 1957. The case was tried to a jury; defendant found guilty; punishment left to the discretion of the trial court who assessed the punishment at 10 years in the State Penitentiary.

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