Johnson v. State

BUSSEY, Judge.

Willie Charles Johnson, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County with the offense of Burglary in the Second Degee, After Former Conviction of a Felony; judgment and sentence was pronounced in accordance with the verdict of the jury, and a timely appeal has been perfected to this Court. On appeal it is urged that there is a variance between the allegations and proof; and the sentence of 40 years imprisonment in the State Penitentiary, is excessive.

Briefly stated, the facts adduced on the trial were as follows:

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