Otinger v. State

CLARK, Supernumerary Circuit Judge.

Appellant-defendant was found guilty by a jury of burglary in the second degree. He was sentenced by the court to imprisonment in the penitentiary for a term of three years. This is an appeal from the judgment of conviction and sentence.

The evidence shows that on the evening of January 9, 1973, the Westside Grocery located in Boaz, Marshall County, was burglarized. Mixed brands of cigarettes, a quantity of gun shells, a cigarette lighter, a quantity of meat and lard, a waffle iron and an electric percolator were taken therefrom. Such evidence constituted…