Newton v State

Newton v State
1932 OK CR 5
6 P.2d 1118
53 Okl.Cr. 10
Decided: 01/02/1932
Oklahoma Court of Criminal Appeals

Appeal from District Court, Grant County; J.W. Bird, Judge.

Ray Newton was convicted of burglary in the second degree, and appeals. Modified and affirmed.

J.E. Falkenberg, for plaintiff in error.

J. Berry King, Atty. Gen., Smith C. Matson, Asst. Atty. Gen., and C.N. Ernest, Co. Atty., for the State.

PER CURIAM. The plaintiff in error, hereinafter called defendant, was convicted in the district court of Grant county of burglary in the second degree, and his punishment fixed at five years in the state penitentiary.

Defendant with two others was charged with burglarizing the store building of the Courtney Drug Company in the town of East Lamont. One of the codefendants pleaded guilty; the other codefendant was tried by a jury; each was sentenced to a term of three years in the state penitentiary.

The principal contention made is that the court admitted incompetent evidence and that the punishment assessed

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