Cummings v. State

Thomas Cummings, alias Nieko Cummings, was indicted for the second degree burglary of Voss Grocery, situated at 700 Waterloo Road, Russellville, Alabama, the property of Lee Voss. The jury found the appellant "guilty as charged in the indictment," and the trial court entered judgment, setting sentence at five years imprisonment. The appellant's motion for a new trial, challenging the weight and sufficiency of the evidence, and averring that such was "contrary to law," was overruled following a hearing thereon.

Lee Voss testified that on March 29, 1977, he owned Voss Grocery Store, located at…