1 The plaintiff in error, John W. Pete Potter, defendant below, was charged by information in the district court of Tulsa county, Oklahoma, with the crime of burglary, first degree, allegedly committed on February 24, 1952 in said county and state. More particularly the information charged that he did break and enter in the nighttime a certain residence inhabited by human beings in the city of Tulsa, Oklahoma; occupied at said time by Mr. and Mrs. J.J. Johnson, entrance thereto being effected by raising a closed window. The information further alleged that he removed therefrom certain personal property of value. Title 21, ? 1431 [21-1431], O.S. 1951. The said crime herein involved was charged as a second and subsequent offense, three other crimes being plead in support thereof, robbery with firearms for which the defendant was sentenced by the district court of Tulsa county to 20 years in the penitentiary in case No. 12421; robbery with firearms for which defendant was sentenced to 20 years in the state penitentiary in case No. 14424; robbery with firearms for which the defendant was sentenced to 20 years in the state penitentiary in case No. 14423. The defendant was tried by a jury and convicted; the jury being unable to agree on the punishment, left the same to be fixed by the trial court. The trial court fixed the punishment herein at 18 years in the state penitentiary and entered judgment and sentence accordingly, from which this appeal is perfected.