Carter v. State

POWELL, Judge.

Leroy Carter, who will hereinafter he referred to as defendant, as in the lower court, was charged by information filed in the district -court of Muskogee County with the crime of burglary in the first degree. On trial the jury found the defendant guilty of burglary in the second degree and fixed his punishment at a term of four years in the State -Penitentiary at McAlester.

The information charged essentially that the burglary was committed by the defendant on or about July 25, 1953-, in the nighttime, by defendant prying open a rear screen door of the dwelling house of one…