Solomon v. State

Robert Solomon was convicted of burglary. His motion for a new trial contains the general and certain special grounds. It is undisputed that a burglary was committed, and the validity of the conviction depends upon whether or not the defendant was found in the recent possession of one or more of four automobile tires alleged to have been taken from the storehouse of Adams-Buchanan Motor Company.

Lizzie Whitehead testified in part as follows: “I saw the defendant that morning. I am sure he is the man I saw. . . I saw him that morning about 6 :20 right there in the door. . . He had the tires in-…