McCain v. State

■ This appeal is from a conviction of burglary in the Circuit Court of Jefferson County.

The testimony for the State tends to show that Officer Tommy E. Rouse of the Birmingham Police - Department was on duty and cruising in a police car on Clairmont Avenue in Birmingham at about 3:10 A.M. on May 10, 1967, when he noticed a lock missing from the front door of a Hill’s Grocery Store, owned and operated by Winn-Dixie Montgomery, Inc. He continued for a short distance, then turned around and cut off his lights. As he approached the store front he saw two men come out and walk rapidly away. As he…