Roy v. State

OPINION

BRETT, Judge:

The appellant, Dale Lewis Roy, was charged with Burglary in the First Degree in violation of 21 O.S.1971, § 1431, in Tulsa County District Court Case No. CRF-76-1958. A jury convicted him and set punishment at seven (7) years’ imprisonment.

At about 2:00 a. m., the complaining witness was inside his apartment arguing through a window with the appellant, who was on the lawn outside the apartment. The appellant struck at the complaining witness with his fist and, intentionally or not, knocked off the screen. The appellant then entered the apartment through the screenless…