McCreary v. State

Appellant was found guilty of burglary- in the second degree. The facts developed at the trial were undisputed. Appellant stole a watch from a trunk in the room of the complaining witness. At the time of the theft the two were occupying adjoining rooms. During a part of the day, access to the appellant’s room could be had only by passing through the room of the complaining witness. In going to and from his own room, appellant had permission to pass through the room of the complaining witness.

Appellant contends that the facts do not support the judgment, because he had permission to enter the…