Kimmons v. State

The appellant was charged and convicted of burglary in the second degree and grand larceny. The trial Judge fixed his punishment at ten years in the penitentiary. After conviction, the appellant was furnished a free transcript and trial counsel was appointed to represent him on appeal.

The facts are not in dispute. The appellant did not testify nor offer any evidence in his defense.

After the State had completed its case, the defense made a motion to exclude the State's evidence on the ground that the only evidence tending to connect the appellant with the charged crimes was the testimony of…