Gable v. State

BRETT, Judge:

The plaintiff in error, J. C. Gable, hereinafter referred to as defendant, was charged by information in the district court of Muskogee County with the crime of first degree burglary, after former conviction of a felony.

The information specifically charged that on or about July 24, 1965, in the night time, the defendant broke into a certain dwelling house in Braggs, Oklahoma, occupied by and in the possession of Lillye Mae Nichols, with.intent to commit the crime of assault and battery therein. On the second page of the information it was charged that defendant had previously…