Ex Parte Peoples

Petitioner, Clarence Peoples, was charged by information filed in the district court of Oklahoma county, with the crime of burglary in the second degree, based upon Oklahoma. Statutes 1931, section 1931, Okla. St. Ann. title 21, § 1435, which is as follows:

“Every person who breaks and enters in the day time or in the night time, either:

“1. Any building within the curtilage of a dwelling house, but not forming a part thereof; or,

“2. Any building or any part of any building, booth, tent, railroad car, vessel or other structure or erection in which any property is kept, with intent to steal…