Smith v. State

MEMORANDUM OPINION

BRETT, Presiding Judge.

Phillip Wayne Smith, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County for the crime of Burglary in the Second Degree; his punishment was assessed at four years imprisonment in the State Penitentiary, and he appeals.

On the trial, Police Officer Paul Reed of the Oklahoma City Police Department, testified that he was traveling south on Agnew at about 2:30 A.M. on December 7, 1966, when, in the vicinity of 2205 South Agnew the defendant, driving a station wagon, backed out of the drive of Bates…