Peavy v. State

BOWEN W. SIMMONS, Retired Circuit Judge.

The indictment as originally returned contained three counts; (1) Burglary in the second degree; (2) Grand Larceny; and (3) Possessing and Receiving Stolen Property. The third count was stricken by the State. The trial jury returned a verdict of guilt on Count 2. The trial judge imposed a penitentiary sentence of six years.

The burglarized premises was a storehouse or shop, owned and in possession of R. W. Sheet Metal, a corporation, located in the City of Huntsville, Madison County, Alabama. The time of the burglary was in the late evening of Saturday,…