Spears v. State

NIX, Judge.

Ray Spears, plaintiff in error, and hereinafter referred to as the defendant, appeals from a conviction for burglary 2nd degree. His appeal relies for reversal upon the sole contention that the jury’s verdict is not sustained by the evidence presented at trial.

The record reveals that J. D. Harvey was the owner of a building close to Boise City, Oklahoma; a shed type building with driveway between to storage bins. Here he kept machinery and grain (wheat). Mr. Harvey visited the building often and had been there on the 1 & 2nd of July. On the morning of the 3rd of July he discovered…