Lumpkin v. State

This is an appeal from a judgment of the district court of Creek county, rendered on the verdict of a jury finding the defendant guilty of burglary in the second degree and fixing his punishment at imprisonment in the penitentiary for the term of two years.

The Attorney General has filed a confession of error, conceding that the court erred in overruling defendant’s demurrer to the information as follows:

“The information in this case fails to allege that the dwelling house broken into was owned by any one. From the information it might have been the defendant’s home that he had broken into. It…