Leeth v. State

John Paul Leeth, J. R. Killion and Frank Wimer' were jointly charged by information filed in the district court of Mayes county with the crime of burglary, second degree. It appears that at the first trial the jury was unable to agree, and was discharged. The defendants thereafter each asked for a severance, and the same was granted. The state elected to try Leeth first, and he was by a jury found guilty of the crime charged and his punishment was fixed at two years imprisonment in the State Penitentiary. Appeal has been duly perfected to this court.

The specifications of error in petition in…