Jackson v. State

Defendant-appellants, William Jackson and Victor Boyd, were informed against, tried by jury, found guilty and sentenced respectively to ten and five years in the state penitentiary for breaking and entering a dwelling with intent to commit grand larceny.

For their sole point on appeal, appellants contend that the evidence adduced at trial established that they were guilty only of breaking and entering with intent to commit a misdemeanor, to wit: petit larceny. We agree.

This court has held that where the State’s only evidence of an intent to commit grand larceny in a case of this nature is that…