Payne v. State

McMurray, Presiding Judge.

The defendant was indicted for the offenses of entering automobile "with intent to commit a theft” (Count 1) and for the possession of tools for the commission of a crime (a wire coat hanger) (Count 2). He was tried and found guilty of Count 1 but not guilty of Count 2. He was sentenced to serve a term of five years. A motion for new trial was filed and denied. Defendant appeals. Held:

The sole enumeration of error is that the court erred in denying the motion for new trial based on the general grounds. By brief, counsel for the defendant has abandoned the ground that…