Simmons v. State

NIX, Presiding Judge.

V. A. Simmons, the plaintiff in error, who shall hereinafter be referred ft} as the defendant, was charged by information in the district court of Blaine County with *241the crime of burglary in second degree. He was tried before a jury, found guilty and his punishment assessed at two years in the Oklahoma State Penitentiary.

Defendant lodged his appeal in this court within the time prescribed by law, advancing argument upon two assignments of error set forth as follows:

“1. The trial court committed error in overruling the motion for mistrial of the defendant timely made at…