This is an appeal from the District Court of Muskogee County, from a judgment and sentence rendered against plaintiff in error, Gale Kenneth Nipp, hereinafter referred to as defendant, fixing his punishment at 5 years in the state penitentiary for the Crime of Burglary in the Second Degree.
Uncontroverted facts in the record disclose that about 2:30 A.M. on March 30, 1961 Officers Earl Garrison and...
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