Earley v. State

The indictment charged Ray Earley with the first degree burglary of the dwelling house of Mary Alice Duchock. The appellant waived youthful offender application and, at arraignment, with counsel present, entered a not guilty plea. The jury found the appellant guilty of "burglary in the first degree, as charged" and fixed punishment at ten years imprisonment. The trial court set sentence accordingly. The appellant's motion for new trial, challenging the weight and sufficiency of the evidence and the in-court identification of the appellant, was denied following a hearing thereon.

Prior to trial…