Smart v. State

OPINION

RUSSELL, Judge.

This is an appeal by Kenneth Dale Smart from his conviction for second degree burglary. Sentence was set at not less than five nor more than ten years in the penitentiary.

Trial was conducted in Division VI of the Criminal Court of Shelby County. A co-defendant, Charles Matlock, was convicted of receiving stolen property and was given three years, and did not appeal.

This crime, a daylight home burglary, involved the theft of about $2,500.00 worth of property, consisting of a pocket calculator, an electronic calculator, a class ring, a rifle, a trumpet, tape recorders and…