Jones

Ervin Wayman, Billie Edward Jones and Joseph White were jointly accused of the crime of burglary and Billie Edward Jones of three prior felony convictions, one of robbery, and two of burglary.

In a non jury trial, in which all defendants were represented by the public defender, defendant White was acquitted, apparently on the testimony that he had not known that the store in question was going to be burglarized by the other two defendants. He stated that he had stopped near it at their suggestion, and had merely given them a ride in his automobile, having picked them up a short time before the alleged burglary took place. The record does not disclose what happened to the defendant Ervin Wayman. Jones was convicted of second degree burglary and the prior convictions were proved as alleged. *747 Probation was denied and Jones was sentenced to the State Prison. He appealed from the judgment in propria persona and applied for appointment of counsel. We read the record, determined the appeal to be frivolous, and denied the application. Appellant was notified, given time to file a brief and none has been filed.

The following evidence was received; A Mrs. Jane Thompson testified that…