Montgomery v. State

*354OPINION

BUSSEY, Presiding Judge.

Appellant, Roscoe Curtis Montgomery, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Tulsa County, Oklahoma, for the offense of Attempted Burglary, After Former Conviction of a Felony; his punishment was fixed at a term of not less than five (5), nor more than ten (10) years imprisonment, by jury verdict, and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the trial, Dr. Garold B. Phelps testified that he practiced medicine in his building at 1435 South Yale in Tulsa County. On…