Fennell v. State

JOHNSON, Presiding Judge.

George Frank Fennell was tried and convicted in the district court of Pontotoc County on a charge of first degree burglary, after former conviction of a felony. The jury found him guilty on both the charge of burglary in the first degree, and as a second and subsequent offender, the proof showing that he had entered a plea of guilty to a charge of burglary in the State of California on March 17, 1961. In the California case the record introduced showed that defendant was fined $150 and given a suspended sentence of two years.

The jury in this case was unable to agree…