State v. Alderman

TITUS, Chief Judge.

William Alderman, Jr. (Alderman), Clifford Howard (Howard), and Billy Ray Howard (Billy) were charged and jointly tried for second degree burglary and stealing. The jury acquitted Billy and found Alderman and Howard guilty but was unable to agree upon punishment. Following denial of the convicted defendants’ motions for new trial, each was sentenced to concurrent terms of five years for stealing and eight years for burglary. Defendants filed separate appeals which have been consolidated here.

Gene Garner on March 9, 1972, operated a Conoco service station “a couple of miles”…