Garruba v. State

BUSSEY, Judge.

Jack Garruba, 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, After Former Conviction of a Felony. The punishment to be assessed was left to the Court, who fixed punishment at 15 years imprisonment in the state penitentiary, and a timely appeal has been perfected to this Court.

The facts adduced on the trial reveal that on July 7, 1968, Shirley Martin drove into the parking lot of O’Mealey’s Cafeteria about 7:30 p. m. to pick up his daughter from work. He noticed a man,…