Smithey v. State

BUSSEY, Presiding Judge.

The defendant, Ira Doyle Smithey, was charged by information, filed in the District Court of Oklahoma County, with the offense of Burglary in the 2nd Degree, after former conviction of a felony. He was tried of said offense; found guilty; and, pursuant to the verdict of the jury, was sentenced to serve 15 years in the Oklahoma State Penitentiary.

The record of the trial proceedings reveals that on April 21, 1962, H. C. Ward, owner of Black’s Drug Store, closed and locked the establishment, located at 7300 North Western, Oklahoma City, and that around four o’clock the…