Bennett v. State

BUSSEY, Presiding Judge:

Herman Clay Bennett, Jr., hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Oklahoma, for the offense of Burglary in the Second Degree, After Former Conviction of a Felony; his punishment was fixed at ten (10) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.

At the trial, Veola McCoy testified she lived at 420 Northeast Sixth Street in Oklahoma City, Oklahoma, and on July 3, 1971, about 7:58 a. m. she was awakened by a loud noise. She went to the…