Fleming v. State

Frankum, Judge.

1. Where the evidence adduced upon the trial of one charged with the offense of burglary showed that the building described in the indictment had been broken open and that immediately after the breaking and entering the defendant was apprehended by police officers (answering a silent burglar alarm) within a fenced enclosure adjacent to and forming a part of the premises whereon the building allegedly burglarized was located, and where, after being so apprehended, the defendant gave to the officers conflicting statements accounting for his presence within the enclosure and as to…