McMurtrey v. State

PRICE, Presiding Judge.

The appellant, James William McMurtrey, was convicted of the offense of burglary in the second degree, and was sentenced to the penitentiary for a term of six years.

The State’s evidence tended to show that Clark Pharmacy, in Opelika, Alabama, was broken into and entered on the night of January 17, 1967. Defendant and another man were apprehended inside the pharmacy.

Lieutenant Charles Beasley, of the Opelika Police Department, testified he saw the defendant inside the pharmacy with a crowbar in his hand and that he apprehended Walter Franks, defendant’s companion. During…