Herren v. State

The defendant, Earl Herren, was charged in the district court of Johnston county, with Lester Her-ren, Walter Brady, Lee Herren and Helen Herren, with the crime of burglary in the second degree. A severance was granted, the defendant, Earl Herren, waived a jury, was tried, convicted and sentenced to serve four years in the State Penitentiary, and has appealed.

The alleged crime herein involved is the same as that for which Lester Herren was convicted and his conviction affirmed by this court on June 17, 1942. Lester Herren v. State, 74 Okla. Cr. 424, 127 P. 2d 215. The proof in the instant…