POWELL, Presiding Judge.
James Wesley McMurray and David E. Hudiburg were charged jointly in the district court of Payne County with the crime of burglary in the second degree. Prior to trial Hudiburg moved for a severance, which was granted. Trial of McMurray before a jury proceeded on February 18, 1960. He was found guilty, but the jury being unable to agree as to the amount of punishment to be assessed, left that to the court, who assessed a penalty of five years...
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