Whittenburg v. State

The plaintiff in error, hereinafter called the defendant, was with W. A. Kuhn jointly charged by information with the crime of burglary in the second degree, was tried separately and convicted and his punish,ment fixed at imprisonment in the state penitentiary for. a term of two years; from which judgment and sentence he has appealed to this court.

This is a companion case to Kuhn v. State, 46 Okla. Cr. 359, 287 Pac. 1086. As shown by the record, this case was called for trial on the 1st day of February, 1928. The state appeared by A. A. McReynolds, county attorney, and W. W. Gates, assistant…