Mitchell v. State

OPINION

HYDER, Judge.

Jerry Dean Mitchell appeals his sentence of three years in the penitentiary resulting from his conviction for burglary in the third degree and grand larceny.

Since the first two assignments of error complain that there is no competent evidence upon which the verdict could be predicated, and that the evidence preponderates against the verdict of guilty and in favor of the innocence of the defendant, we will review the evidence briefly.

The Morristown Music Mart was burglarized during the night of July 17, 1968, and goods valued at over one hundred dollars were removed. Most…