[1] The plaintiff in error, Gale Kenneth Nipp, was convicted on the 16th day of October 1961 in the District Court of Muskogee County on a charge of Second Degree Burglary, and his punishment fixed at five (5) years in the State Penitentiary at McAlester, Oklahoma.
[2] Most of the questions raised were decided adversely to the defendant in defendant's companion case, Nipp v. State, Okla. Cr.374 P.2d 624.
[3] Other matters urged on appeal were not properly preserved in the record nor presented to the trial court in defendant's motion for a new trial. Under these circumstances, we follow the rule that:
*Page 226"Errors to which no exceptions were taken will not be considered on appeal unless they are jurisdictional or fundamental in character." Williams v. State, Okla. Cr. 373 P.2d 85.
[4] Examination of the record in the instant case discloses that it is free from fundamental error prejudicial to the accused, and we find no error sufficient to justify a reversal. The judgment of the trial court is, therefore, affirmed.