Davis v. State

The parties will be hereafter referred to as they appeared in the trial court. The de fendant was by information charged with burglary in the second degree, and sentenced to imprisonment in the state penitentiary for two years. The record was properly saved by filing a motion for a new trial, which motion was overruled and exceptions saved, and the defendant appeals to this court.

The testimony on behalf of the state, in substance, is that the defendant in this case was in charge of the Deer Creek Elevator, located on the Frisco right of way in the town of Lamont, Okla.; the Deer Creek…