McCALEB, Justice.
Appellant was charged with simple burglary of the residence of his former wife at 602 St. Mary Street in the City of New Orleans, on August 18, 1965, with the intent to commit a theft therein in violation of Article 62 of the Criminal Code (R.S. 14:62). Following a jury trial on his plea of not guilty, appellant was convicted and sentenced to serve four and one-half years at hard labor in the State Penitentiary.
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