State v. Kimbrough

OxnEr, J.:

This opinion will be substituted for the opinion heretofore filed.

Appellant was convicted of burglary. His appeal raises two questions: (1) Did the trial Judge err in refusing a motion for a directed verdict of not guilty on the ground that the evidence was insufficient to sustain a conviction? (2) Is the sentence imposed manifestly excessive?

Appellant offered no testimony. The circumstances relied on by the State to support a conviction are substantially as follows:

Between three and four o’clock on the morning of December 3, 1946, someone broke into and entered a room on the fifth…