Sullivan v. State

Defendant was convicted by a Calhoun County jury for the offense of burglary in the second degree and sentenced by the Court to five (5) years in the penitentiary.

I

The evidence tends to show that on November 23, 1975, Defendant was discovered by Mr. Hugh Borden in a building used by Mr. Borden as an apartment and a bait shop. When Mr. Borden returned from a short trip, he entered through the rear entrance of the building and the Defendant and a son exited through a front entrance of the building. Mr. Borden followed the Defendant into the front yard and fired several shots either into the air…