State v. Fortner

Browning, Judge:

Charles Edward Fortner, nineteen years of age, was convicted of the offense of entering without breaking in the Circuit Court of Wyoming County on September 15, 1965. A motion to set aside the verdict and award a new trial was overruled and he was sentenced to a term of from one to ten years in the state penitentiary, to which judgment this Court granted a writ of error and supersedeas on December 6, 1965.

On the trial of the case, the state adduced the evidence of the owner of the drive-in restaurant entered and of two alleged accomplices who testified that Fortner was among…