McMurray v. State

POWELL, Presiding Judge.

James Wesley McMurray and David E. Hudiburg were charged jointly in the district court of Payne County with the crime of burglary in the second degree. Prior to trial Hudiburg moved for a severance, which was granted. Trial of McMur-ray before a jury proceeded on February 18, 1960. He was found guilty, but the jury being unable to agree as to the amount of punishment to be assessed, left that to the court, who assessed a penalty of five years confinement in the State Penitentiary at McAlester.

Appeal has been perfected to this Court by counsel other than trial counsel.…