Klinekole v. State

MEMORANDUM OPINION

BUSSEY, Judge.

Daynne Dunlap Klinekole, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Harmon County with the crime of burglary in the Second Degree and his punishment fixed at two years imprisonment in the state penitentiary. From said judgment and sentence, he appeals.

During the trial of this cause Ed Sargo testified that at 11:00 p. m. on the evening of July 1, 1967, he saw the defendant seated in Ercie’s Cafe in Vinson, Oklahoma with Jerry Johnson, David Miltho, and Wilfred Downs. This witness did not see the defendant or…