Miller v. State

CATES, Judge.

This appeal was submitted March 25, 1965.

On an indictment 1 therefor, a petty jury found Miller guilty of second degree burglary.

The trial judge, after adjudication and allocution, sentenced him to five years in the penitentiary. Miller’s counsel noted an appeal. Thereafter, another attorney filed a motion for new trial in the circuit court. This was denied.

We review both judgments. Code 1940, T. 15, §§ 368 and 389.

i.

The tendency of the prosecution’s proof was:

One night in November, 1962, some one broke into the jewelry shop of Mr. Vernon Dillard in Samson, Alabama.

Mr. Dillard,…