State v. Stuart

HENLEY, Chief Justice.

Thomas Wendell Stuart, hereinafter referred to as defendant, was charged by information with second degree burglary and stealing. 1 A jury found him guilty as charged. The court, under the provisions of the Second Offender Act, 2 sentenced him to imprisonment for a term of five years for burglary and for a term of two years for stealing, the sentences to run consecutively. 3

Defendant briefs three points: (1) error in overruling his motion for judgment of acquittal, because the evidence is not sufficient to sustain the conviction; (2) error in overruling his motion to…