Mitchell v. State

OPINION

BUSSEY, Judge:

Appellant, Robert Herbert Mitchell, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Tulsa County, Case No. CRF-75-151, for the offense of Burglary, First Degree, in violation of 21 O.S.1971, § 1431. His punishment was fixed at a term of eighteen (18) years’ imprisonment and from said judgment and sentence a timely appeal has been perfected to this Court.

The State’s first witness was Josephine Wyant who testified that she was 72-years-old and resided at 725 North Boston, Tulsa, with her 91-year-old husband. She stated that on…