Rutherford v. State

TYSON, Judge.

The appellant, Robert Rutherford, was indicted for burglary in the second degree. Verdict and judgment resulted in sentence of six years imprisonment.

A cabin belonging to Louis W. Phillips, located on the backwater of the Chattahoochee River in Lee County, was broken into on the night of August 17, 1970, and some articles, including a radio and floor sweeper, were stolen. The same night State’s witness J. D. Jones heard a noise at a neighboring cabin, which sounded like “somebody with an axe or hammer or something hitting a wall.” He saw a Ford automobile with a loud muffler,…