Miller v. State

PEARSON, Judge.

Theo Miller, was found guilty of breaking and entering a building with intent to commit a misdemeanor. He has appealed the judgment and presented four points for consideration.

Only the first point merits discussion. It is that the evidence was insufficient to sustain the conviction because there was no proof that the appellant entered the building.

An officer of the Dade County Sheriff’s Department observed a 1954 Chrysler automobile parked behind the A & P Grocery Store at 19601 N. W. Second Avenue, Miami, Florida. The car had not been there one hour previously when the officer…