Whitehead v. State

OPINION

BLISS, Presiding Judge:

In the District Court, Pottawatomie County, Case No. CRF-73-89, appellant, Wendell Leo Whitehead, hereinafter referred to as defendant, was charged, tried and convicted for the offense of Burglary in the Second Degree, After Former Conviction of a Felony. His punishment was fixed at thirty (30) years imprisonment, and from said judgment and sentence, he has perfected a timely appeal to this Court.

At the trial Officer Gary Rogers, of the Shawnee Police Department, testified that on March 11, 1973, between the hours of 3:00 and 4:00 a. m., he and Officer Gary Hale,…