Franks v. State

JOHNSON, Judge.

Appellant stands convicted in the Circuit Court of Lee County, Alabama, of the offense of second degree burglary. His punishment was fixed by the court at six years in the penitentiary. From said conviction and sentence, this appeal is made.

Curtis Clark testified for the prosecution that he had returned to his place of business, a pharmacy, the night of January 17, 1968, after having closed for the evening; that he noticed the front door “had been busted into” and that a lock was lying on the floor. He stated that he told his son, who was with him at the time, to go next door…