Whitley v. State

■CARR, Presiding Judge.

'In the circuit court the defendant, Curtis 'Whitley, was indicted and convicted on a charge of burglary in the second degree.

The burglarized building or structure was .located in Florence, Alabama.

There is no dispute as to the facts of the 'burglary. The question of prime concern is whether or not the accused participated •in the commission of the crime.

In this aspect the State anchored the •prosecution solely on circumstantial evi- ■ dence.

It is urged' that the defendant was due the general affirmative charge or the verdict was contrary to the evidence and the motion…