Linscomb v. State

*1273OPINION

BUSSEY, Judge:

Louis Linscomb, Jr., hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-75-387, for the crime of Burglary in the Second Degree, After Former Conviction of a Felony. His punishment was fixed at twenty-five (25) years’ imprisonment, and from said judgment and sentence a timely appeal has .been perfected to this Court.

At the trial, Mr. Ozzie Johnson testified that on December 17, 1974, he left his apartment at approximately 3:00 p. m., and when he returned about three hours later, he discovered that the…