Hart v. State

OPINION

NIX, Judge:

Plaintiff in error, Gene Leroy Hart, hereinafter referred to as defendant, was convicted of First Degree Burglary, After Former Conviction of a Felony, in the District Court of Tulsa County, Case No. CRF-69-855, in a two-stage jury trial with punishment fixed at 40 to 120 years imprisonment. Judgment and sentence in ac*1336cord with the jury verdict was imposed on November 6, 1969, and this appeal perfected therefrom.

Specifically, defendant was charged with having forcibly broken into the apartment of Steven Stewart and committing the crime of larceny by taking Stewart’s property…