Davis v. State

TYSON, Judge.

The Grand Jury of Shelby County charged Hulbert Lawrence Davis with the second degree burglary of the home of Daniel Kessler. The Jury found the appellant guilty of burglary in the second degree, and the trial court set sentence at nine years imprisonment in the penitentiary.

The home of Daniel Kessler was burglarized in the daytime on September 12, 1973. Mr. and Mrs. Kessler left their home at about 8:30 a. m. She returned at approximately 4:00 p. m., and he returned at approximately 5:00 p. m. Each stated that all the doors and windows were locked when they left. Mrs. Kessler…