Brumley v. State

OPINION

WALKER, Presiding Judge.

In a three-count indictment, the defendants were charged with burglary in the third degree, grand larceny of five game chickens, and receiving and concealing stolen property. On their trial the jury found each guilty of burglary in the third degree and also of grand larceny and fixed their punishment at three years under each count. The trial judge sentenced each to concurrent terms of three years in the penitentiary. From this judgment they appeal to this court first saying that the evidence preponderates against the verdict.

The defendants did not testify or…