Payne v. State

BRETT, Presiding Judge.

Plaintiff in error, Clyde Melton Payne, defendant below, was charged by information in the District Court of Pottawatomie County, Oklahoma, with the crime of burglary in the second degree, the alleged crime being the burglary of a cafe located one mile west of Oklahoma Baptist University on Highway 270 in said county and state. He was tried to a jury, convicted, and his punishment fixed at two years in the state penitentiary. Judgment and sentence were entered accordingly, from which this appeal has been perfected.

The defendant first contends the trial court.erred in…