Benefield v. State

MEMORANDUM OPINION

BUSSEY, Judge.

Sammy Floyd Benefield, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Payne County for the offense of Burglary in the Second Degree, After Former Conviction of a Felony; his punishment was set at ten years imprisonment, and from the judgment and sentence a timely appeal has been perfected to this Court.

Briefly stated, the evidence at the trial revealed that on March 24, 1969, Bakers Clinic in Stillwater was burglarized. Marvin Klimkoski, an accomplice, testified that he and the defendant, in the defendant’s…