Nipp v. State

BUSSEY, Judge.

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 Howard Reeves went to the City Vending Machine Company, 422 East Okmulgee, located in the City of Muskogee, Muskogee County, Oklahoma, and after arriving there discovered the premises…