Lyons v. State

OPINION

BRETT, Judge:

Appellant, Richard Lyons, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Lincoln County, Case No. CRF-72^12, for the offense of Burglary in the Second Degree in violation of 21 O.S.1971, § 1435. He was sentenced to serve a term of two (2) years in the state penitentiary in accordance with the verdict of the jury, and a timely appeal has been perfected to this Court.

At the trial the State produced evidence showing that either on the night of April 12, 1973, or in the early morning hours of April 13, 1973, a storage room of the…