Poellnitz v. State

The indictment in this case charged the appellant with burglary in the second degree. The appellant entered a plea of not guilty. The trial resulted in a verdict of guilty and a judgment in accordance therewith. The appellant’s motion for a new trial was overruled by the trial court. Hence, this appeal.

R. L. Morris, a patrolman with the Prichard Police Department, testified in substance that at about 12:05 A.M., March 6, 1968, he and Officer Pitts were on patrol and he noticed a car coming toward him with one headlight out and another car following it; that he turned around and stopped the…