Maines v. State

Leo D. Maines was charged by information in the district court of Tulsa county with the crime of burglary, second degree, second and subsequent offense. The jury found him guilty and assessed his punishment at ten yearg in the State Penitentiary.

The charge was apparently filed under section 1435 of Title 21, O.S. 1951, and being a second and subsequent offense, section 51, paragraph 1 of the same Title would apply, which fixes the minimum penalty upon conviction at ten years imprisonment in the penitentiary.

For reversal, it is urged, (1) that the defendant did not have a fair and impartial…