State v. McMillin

TITUS, Judge.

Tried under the habitual criminal law, defendant was charged with burglary of and Stealing rifles from Grant Hardware situate at the northwest corner of the intersection of east-west College Avenue and north-south Warren Street in Springfield near 10 p. m. November 24, 1976. The jury found defendant guilty of burglary and in nocent of stealing. Defendant’s motion for a new trial was denied, he was sentenced by the court to imprisonment for a term of seven years and duly appealed.

In recasting the matter following a guilty verdict, we bear in mind (1) the evidence is to be reviewed…