Elkins v. State

This is an appeal by defendant from a judgment of conviction for second degree burglary and imprisonment for five years.

The Kennedy Grocery store in Phenix City was burglarized between the hours of eight Sunday night and seven Monday morning, September 17-18, 1966. Several cartons of cigarettes were stolen. Money, checks, insurance papers, deeds, payroll book, etc., and Mr. Kennedy’s plain gold wedding ring were taken from the safe.

Defendant, his Uncle, James McCrory, and “two more boys” visited at the home of defendant’s Cousin, Mrs. Epps, on Sunday. Mrs. Epps lived about a block from *318the…