Morris v. State

McMurray, Presiding Judge.

Defendant was convicted of burglary and appeals. Held:

1. The defendant was apprehended at the scene of the burglary. His sole defense was merely that he was in the area taking a shortcut home during or after the burglary, but was not involved in any way. The state, however, contends the defendant had been apprehended while fleeing from a wholesale battery company which was obviously being burglarized at the time he was caught. A deputy sheriff testified he observed the defendant “come running out of the building with a battery in his hand. He dropped the battery and…