Link v. State

This is an appeal from a judgment on a finding made by the court, without the intervention of a jury, that the appellant was guilty of burglary in the second degree, that he be imprisoned in the State Prison for a term not less than two nor more than five years and be disfranchised for a period of two years. The error assigned here is that the trial court erred in overruling appellant’s motion for a new trial. The sufficiency of the evidence to sustain the finding is the only issue now presented.

The affidavit charged that the appellant, on the 22nd day of April, 1950, feloniously broke and…