Melot v. State

BRETT, Judge.

Donald Elvin Melot, plaintiff in error herein, defendant below, was charged by information in McClain County, Oklahoma, with the crime of second degree burglary (21 O.S.1961 §§ 1435, 1436) of the store building of E. H. Luper, in Wayne, Oklahoma, on September 12, 1961. He was tried by a jury, convicted and his punishment set by the jury at two years in the penitentiary. Judgment and sentence was entered accordingly, from which this appeal has been perfected.

Briefly, the facts are that Mr. Luper, on September 12, 1961, owned a grocery store in Wayne, situated on the main street.…