Washington v. State

OPINION

BUSSEY, Judge:

Appellant, Ernest Washington, hereinafter referred to as defendant, was charged in the District Court, Kiowa *820County, Case No. CRF-75-28, with the crime of Burglary in the Second Degree in violation of 21 O.S.1971, § 1435. He was tried by jury, convicted and punishment was assessed in accordance with the verdict of the jury at a term of three (3) years in the Oklahoma State penitentiary. From said judgment and sentence, a timely appeal has been perfected to this Court.

The first witness to testify for the State was Robert Naething, co-owner of the Affiliated Food Liner in…