Ewing v. State

MEMORANDUM OPINION

BRETT, Judge:

Appellant, James Ingram Ewing, hereinafter referred to as defendant, was charged, tried and convicted in Case No. CRF-73-2626, in the District Court, Oklahoma County, of the crime of Burglary in the Second Degree in violation of 21 O.S. 1971, § 1435. He was sentenced to serve a term of four (4) years in the State penitentiary. A timely appeal has been perfected to this Court.

Briefly stated, the evidence presented by the State of Oklahoma at defendant’s trial *1244was this: At approximately 12 o’clock on the night of September 20, 1973, Officers Lane and Cain of the…