Tracy v. State

The plaintiffs in error, John Tracy and Louis Abies, defendants below, were charged by information in the district court of Garvin county, Oklahoma, with the crime of attempted burglary in the second degree by breaking the lock of the Grill Cafe in Wynne-wood, Oklahoma, on April 15, 1948. The burglary was thwarted by the timely arrival of the town nightwatchman. The charge was brought under the provisions of Title 21, §§ 1435, 1436, defining burglary, and Title 21, § 42, defining attempts and fixing punishment therefor. The defendants were tried by a jury, convicted and their punishment set…