Cooks v. State

HILL, Circuit Judge.

The appellant, Cooks, was convicted of Burglary, 1st Degree and pursuant to jury verdict was duly sentenced to ten years imprisonment.

The State’s evidence as to the commission of the offense and the identification of the defendant as the guilty party was given by a Mrs. Robertha Cox who lived alone. At approximately four-thirty o’clock, a. m., on June 28, 1972, she was awakened by a noise and a flick of the light in the living room of her home in Mobile. From her bed she could see someone in her living room. The intruder went into the kitchen and turned on a light. Upon…