State v. Higginbotham

SUMMERS, Justice.

Appellant Howard Lee Higginbotham was charged by bill of information in that, contrary to Article 62 of the Criminal Code, he committed simple burglary of a building in the city of Monroe belonging to New York Hardware Company, a partnership composed of Herschel A. Gentry, Sr. and Herschel A. Gentry, Jr.

Appellant entered a plea of not guilty, he was tried by a jury, convicted and sentenced to 9 years in the State Penitentiary, with credit for time served. Eleven bills of exceptions were reserved and perfected which are relied upon in support of this appeal.

Bill No. 1

Defense…