Linebarger v. State

MEMORANDUM OPINION

BRETT, Judge.

Petitioner in error, hereinafter referred to as defendant, was tried by a jury in the district court of Tulsa County, and found guilty of the crime of second degree burglary. The jury also found that the defendant had formerly been convicted on two other felony charges, and on June 17, 1965 he was sentenced under the indeterminate sentence law to serve from five to fifteen years in the state penitentiary. •

From the record it appears that 0⅞ March 28, 1965, between the hours of midnight and one o’clock in the morning, defendant and another man were apprehended in…