Collier v. State

OPINION AND DECISION

BRETT, Judge:

This is an appeal from a conviction in the Pittsburg County District Court, Case No. F-73-20, for the crime of First Degree Burglary. Appellant, who will hereinafter be referred to as defendant, was sentenced by the jury to serve seven (7) years in the State Penitentiary, and from that conviction defendant has perfected this appeal. Judgment and sentence affirmed.

The facts briefly stated reveal that the home of Mr. and Mrs. Jerry McElhany was broken into during the nighttime on February 5, 1973, by two men. Mr. Mc-Elhany was awakened during the night when he…