Isaac v. State

SMITH, Judge.

The appellant (defendant) was charged with the crime of breaking and entering a store house with intent to commit a felony, to-wit: Grand Larceny. After trial, the jury returned a verdict of guilty of breaking and entering a store house with intent to commit a misdemeanor, to-wit: Petty Larceny. The court entered judgment and sentenced him to serve a term of five years in the state prison. The defendant appealed, contending that there was no evidence to establish any breaking on the part of the defendant. For the reasons hereinafter noted, it is unnecessary for us to decide this…