Capps v. State

RUSSELL, Judge.

OPINION

Joe Capps, Glen R. Birmley and John P. Sexton were jointly tried and convicted for the second degree burglary of a Roane County residence. Each was sentenced to three (3) to five (S) years in the penitentiary. The burglary involved the theft of a large quantity of guns, and occurred between early evening on October 3, 1973, and 6:30 p. m. on October 4, 1973. The three plaintiffs-in-error were arrested in Nashville on the evening of October 5, 1973, at 10:45 p. m. in Birmley’s car, being driven by Capps with Sexton upon the rear seat, and with a substantial number (24) of…