Brumley v. State

Defendant, Audie Leon Brumley, appeals from a conviction before a jury in tbe district court of Tulsa county, of the charge of burglary, second degree, second and subsequent offense. The jury left the punishment to be fixed by the court, who assessed the penalty at 15 years in the State Penitentiary.

For reversal counsel for defendant argues the case under the lead statement that:

“The defendant respectfully shows to the court that there is not a single bit of positive proof in this record as to the guilt of the defendant in breaking into and entering the place alleged to have been burglarized,…