Smith v. State

Berry Smith, Jr., was indicted and convicted of having in his possession burglary tools, and sentenced to serve a term of five years in the state penitentiary. From the conviction and sentence in the Circuit Court of Forrest County, the appellant has appealed to this Court.

The conviction in this case rests largely upon the testimony of Bob Walker, the sheriff, who testified that he was driving his automobile between 8:30 and 9:00 o ’clock at night, at Palmer’s Crossing, or near the airport gate, in the City of Hattiesburg, Mississippi. He was driving about 15 miles per hour when he met a…