Burke v. State

OPINION

BUSSEY, Presiding Judge:

Donald R. Burke, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Carter County, Case No. CRF-76-148, for the offense of Burglary in the Second Degree, in violation of 21 O.S.1971, § 1435. Following a jury trial, the defendant was sentenced to serve a term of four (4) years in the care and custody of the State Department of Corrections. From said judgment and sentence a timely appeal has been perfected to this Court.

At the trial a jury was impaneled, but prior to the State’s evidence being presented, an in camera…