Andrews v. State

LEIGH M. CLARK, Retired Circuit Judge.

A jury found defendant (appellant) guilty under an indictment charging him with burglary of “a shop, store or warehouse, the property of Cathart Jewelers, Inc., a corporation, in which goods, wares, merchandise or other things of value were kept for use, sale or deposit.” The court fixed his punishment at imprisonment for three years and sentenced him accordingly.

According to the undisputed evidence, about 1:30 A.M. June 27, 1979, defendant was arrested by officers responding to a burglary alarm while defendant was on the roof of Cathart Jewelers, Inc., a…