Mayberry v. State

OPINION

CORNISH, Judge:

The appellant was convicted of Burglary in the Second Degree in Tulsa County Case No. CRF-78-2938 and was sentenced to six (6) years’ imprisonment.

On the afternoon of November 12, 1978, the appellant, Alvin Mayberry, went to the home of his ex-wife, Vena Marie Henderson. When refused entrance, the appellant kicked in a door and entered the house. *1363Vena Henderson’s niece fled the scene. The appellant grabbed Vena, and they struggled to the floor. He stripped off the victim’s underpants and inserted his fingers into her vagina. She tried to crawl out the front door of the…