McKay v. State

BUSSEY, Judge.

Lonnie Gene McKay, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Tulsa County for the crime of Burglary in the Second Degree After Former Conviction of a Felony; his punishment was fixed at a term of 21 years in the state penitentiary, and he appeals.

Briefly stated, the facts are that shortly after 9:00 in the evening of December 15, 1967, a Texaco Service Station located at 37th and Peoria, in Tulsa County, was burglarized. The State produced two witnesses, Mr. and Mrs. James D. Bennett, who testified that they had been parked…