Harris v. State

JONES, Presiding Judge.

The defendant, Charles Curtis Harris, was charged by an information filed in the District Court of Oklahoma County with the crime of burglary in the first degree, was tried, convicted and pursuant to the verdict of the jury was sentenced to serve the minimum punishment of 7 years in the penitentiary and has appealed.

The single proposition presented by the appeal is whether the trial court erred in refusing the defendant’s request that the issue of burglary in the second degree be submitted to the jury. This request was in the form of an oral motion dictated into…