Gayle v. State

WIGGINTON, Judge.

Defendant has appealed a judgment of conviction and sentence based upon a jury verdict finding him guilty of breaking and entering with intent to commit a felony and with grand larceny. The principal point on appeal challenges the sufficiency of the evidence to support the verdict and judgment.

The facts as disclosed by the record, viewed in a light most favorable to appel-lee, are as follows. At about four o’clock in the morning a deputy sheriff was conducting a routine patrol inspecting store buildings located on a state highway south of Ocala. As he drove past a grocery…