Wilson v. State

BUSSEY, Judge.

James N. Wilson, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of LeFlore County, for the crime of Burglary in the Second Degree, and appeals.

The principal assignment of error presented on appeal is that the trial court erred in failing to follow the jury’s recommendation in the verdict which appears at page 56 of the case made in the following language :

“We, the jury, empaneled and sworn in the above entitled cause, do upon our oaths, find the defendant guilty of the crime of Burglary in the second degree and fix his punishment…