Holmes v. State

Clarence Holmes was indicted for burglary in the second degree for violation of § 13A-7-6, Code of Alabama 1975. The jury found the appellant "guilty as charged in the indictment" and he was sentenced to life imprisonment in the penitentiary as a habitual felony offender.

Jesse Gandy testified that he and his wife were asleep at their home in Birmingham, Alabama during the early morning hours of September 6, 1983. At some point, Gandy woke up and noticed a light turned on in the house. He looked out of the bedroom door and saw the appellant in the kitchen going through some billfolds and…