Davis v. State

CATES, Judge.

This is an appeal from a conviction of second degree burglary on which the appellant was sentenced to the penitentiary for two years.

On the night of September 20-21, 1966, some one pried open a window in the washrack in Mr. E. C. Dawson’s filling station in Scottsboro. Coins for $25.50, bills for $40.00 and two tires were gone.

Eddie Lee Moore saw John Henry Davis after dark September 20. Davis asked Moore (who once worked there) if they kept money at Dawson’s Sinclair station. Moore stated that they did when he worked there.

Then Moore said he was ready to go home. Davis said,…