Smith v. State

240 Miss. 738 (1961)

128 So.2d 857

SMITH

v.

STATE.

No. 41889.

Supreme Court of Mississippi.

April 10, 1961.

Earle L. Wingo, Hattiesburg, for appellant.

G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for appellee.

RODGERS, J.

Berry Smith, Jr., was indicted and convicted of having in his possession burglary tools, and sentenced to serve a term of five years in the state penitentiary. From the conviction and sentence in the Circuit Court of Forrest County, the appellant has appealed to this Court.

The conviction in this case rests largely upon the testimony of Bob Walker, the sheriff, who testified that…