Dunaway v. State

TYSON, Judge.

The indictment charged burglary in the second degree. Appellant was convicted as charged and sentenced to five years imprisonment.

The alleged burglary occurred at approximately 4:00 A.M. on the morning of September 6, 1970, at Harmon’s Sure Save Grocery Store in Eden, Alabama. T. L. Harmon, Jr., the proprietor of said store, testified that he was sleeping in his store on the night of September 5, 1970, in effect guarding the store as it had been broken into several times within the last month; that he was awakened shortly before 4:00 A.M. by the voices of two men in the store;…