Dardy v. State

TYSON, Presiding Judge.

The appellant was indicted for the second degree burglary of Railroad’s Oyster Bar by taking some Miller’s Light beer therefrom. The jury found the appellant guilty of burglary, as charged, and the trial court entered judgment which set sentence at ten years imprisonment in the penitentiary.

Edward Burns testified that he owned and operated Railroad’s Oyster Bar, located on Second Avenue in Opelika, Alabama, on June 18-19, 1976. Burns testified that he locked his place of business between 10:00 and 11:00 p. m. and returned about 7:00 a. m. the next day. He testified that…