Barrett v. State

BRETT, Judge.

This is an appeal by Johnny J. Barrett, Plaintiff in Error, and defendant below, wherein he was charged by information with the crime of burglary in the 2nd degree as a second and subsequent offender. The crime was allegedly committed on December 2, 1958; he was tried by a jury, convicted, and his punishment was fixed by the jury at 20 years in the state penitentiary. Judgment and sentence was entered accordingly on October 29, 1959. From the judgment and sentence so imposed, this appeal has been perfected.

Briefly, the facts establish that in the nighttime on December 2, 1958,…