Hobby v. State

OPINION

WALKER, Presiding Judge.

In a two-count indictment, the Knox County grand jury charged the defendant, David Curtis Hobby, with (1) burglary in the second degree of the mansion house of Mrs. Irma McPherson, and (2) being an habitual criminal. The trial jury found him guilty under the first count and fixed his maximum punishment at five years’ imprisonment. The court then submitted the second count and the jury also found him guilty under it.

At about'2:30 P.M., November 17, 1970, the defendant and his brother-in-law, Jerry Leatherwood, were found in the basement of the home of Mrs.…