Berry v. State

LEIGH M. CLARK, Retired Circuit Judge.

Appellant-defendant was convicted of burglary in the second degree and sentenced to imprisonment for a term of five years.

The dwelling house alleged to have been burglarized was that of Charles M. Beck at 208 Woodall Street, Albertville. Mr. Beck testified that he and his family went on a vacation commencing about May 20, 1976, and continuing for about ten days. No one was left at the house except Mr. Beck’s father, who had a room of his own at the house and lived there. Upon the return of Mr. Charles Beck from the vacation, he learned that three hand…