Gann v. State

OPINION

HYDER, Judge.

Marvin Gann was convicted of burglary in the third degree and sentenced to three to five years in the penitentiary. His appeal of this judgment is properly before this Court.

*231The Perry Smith Company, in Chattanooga, was burglarized during the night of December 20, 1967, and forty eight company checks were stolen.

Betty Jean Rush, age twenty one, testified that she first met the defendant on January 11, 1968, and that at the time he told her that if she had some identification he would help her make some money. She said that two days later, on the 13 th, he came and picked…