Herndon v. State

-OPINION-

BUSSEY, Judge.

Appellant, Billy Wayne Herndon, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Pottawatomie County, Oklahoma, Case No. CRF-73-132, for the offense of Grand Larceny, After Former Conviction of a Felony, in violation of 21 O.S.1971, § 1701. His punishment was fixed at a term of six (6) years in the State penitentiary, and from said judgment and sentence a timely appeal has been perfected to this Court.

At the trial Bill Lewis testified he was the manager of the M & P Grocery Store, located at 712 E. Highland, Shawnee,…