Foster v. State

CATES, Judge.

Foster submitted his appeal February 17, 1966, without oral argument.

The Macon County Grand Jury accused him and another of breaking and entering with larcenous intent Reynolds Drug Store in Notasulga. Tried on a severance, a petty jury found him guilty of second degree burglary as charged. Code 1940, T. 14, § 86.

After adjudging him guilty and after allocutus, the trial court sentenced Foster to five years in prison.

A policeman making his rounds about 12:30 in the morning December 12-13, 1964, noticed “a 1964 Chevrolet two door hardtop” parked a block from the drug store. It bore…