State v. Simmons

TIMOTHY D. O’LEARY, Special Judge.

Defendant waived a jury and was tried by the court and found guilty of the crimes of Burglary Second Degree and Stealing in connection with the burglary and was sentenced by the court to five years on each charge with the punishment running concurrently.

In a single point the appellant asserts generally three grounds of error and those are: that the court erred in denying appellant’s motion for judgment of acquittal; that the court erred in denying appellant’s motion for new trial and that the judgment is against the weight of the evidence.

It would serve no…