Daw v. State

JOHNSON, Judge.

The appellant, Ubie Daw, was indicted by the Grand Jury of Escambia County, Alabama, for the offense of burglary in the second degree. Trial was had upon a plea of not guilty and the jury returned a verdict of guilty as charged in the indictment. The trial court adjudged him guilty and sentenced him to two years in the State penitentiary. His motion for a new trial was overruled and, hence, this appeal.

The State’s evidence tended to show that one Corrie Hall owned a store located on Highway 31 in Canoe, Alabama; that on January 27, 1964, Hall had about 500 pounds of pecans…