Smith v. State

McMurray, Judge.

Defendant was indicted in three counts for the offense of burglary in entering three separate dwelling houses with the intent to commit a theft therein. During the trial Count 3 was withdrawn by the state. Defendant was convicted on Counts 1 and 2 and given a sentence of six years on each count to run concurrently. Motion for new trial was filed and denied, and defendant appeals. Held:

The sole complaint is based on the general grounds of the motion for new trial as to the weight and sufficiency of the evidence to convict, contending that the evidence is simply not sufficient…