Bates v. State

W. J. HARALSON, Supernumerary Circuit Judge.

Appellant appeals from a conviction for burglary in the second degree with a sentence imposed by the court of eight years.

At the conclusion of the evidence presented by the State the appellant moved to exclude, which motion was overruled by the court.

In substance the evidence offered by the State showed that on the evening of August 22, 1971, Robert True was in True’s Food Store in Madison, Alabama, which was operated by him, and noticed a boy pass by on the street in front of the store. Shortly thereafter he heard the sound of breaking glass and…