Higginbotham v. State

George Rose Smith, Justice.

Upon convictions for burglary and grand larceny the appellant Higginbotham received two five-year sentences, to run consecutively. For reversal he questions the sufficiency of the State’s proof, the admissibility of a statement made by him, and the trial court’s refusal to submit to the jury the lesser offense of petit larceny.

First, the State’s proof is amply sufficient to support the convictions. On the morning of December 19, 1975, the prosecuting witness, Steve Scobbee, discovered that a pistol and a shotgun were missing from a gun rack in his home. A side door…