Rogers v. State

• OPINION

BUSSEY, Presiding Judge:

Appellant, Kenneth Rogers, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Stephens County, Case No. CRF-76-278, for the offense of Burglary in the Second Degree, After Former Conviction of a Felony, in violation of 21 O.S.1971, § 1435. His punishment was fixed at a term of thirteen (13) years’ imprisonment. From said judgment and sentence a timely appeal has been perfected to this Court.

At the trial William L. Carl testified that he was a pharmacist and part-owner of the Duncan Drug Store. In the early morning…