Wathen v. State

The appellant was charged and convicted by a jury of first degree burglary and was sentenced accordingly. He filed a motion for a new trial, which was overruled. This appeal is based upon the points that the verdict of the jury was not sustained by sufficient evidence and was contrary to law. The contention is specifically made by the appellant that there is no evidence or testimony that there was a “breaking in or entering” and there is no testimony “that anyone saw the defendant, Francis Wathen, break into or enter the premises.” This requires a resumé of the evidence and the inferences to…