Cooke v. State

OPINION

GALBREATH, Judge.

The plaintiff in error, John Cooke, and his nephew by marriage, Jimmy Wilson, were indicted for the burglary of the Pon-derosa Tavern in Montgomery County. Wilson entered a plea of guilty in connection with the charge and was sentenced to the penitentiary. John Cooke was tried on his not guilty plea in the Criminal Court of Montgomery County and convicted of petit larceny, and the jury fixed his punishment at two (2) years in the penitentiary.

According to the State’s theory and proof, a third participant, Terry Cooke, 16-year-old nephew of John Cooke, was also involved…