Shepherd v. State

403 So.2d 1287 (1981)

Danny Lee SHEPHERD

v.

STATE of Mississippi.

No. 52810.

Supreme Court of Mississippi.

September 30, 1981.

A.M. Murphy, Lucedale, for appellant.

Bill Allain, Atty. Gen., by Frankie Walton White, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before SMITH, BOWLING and HAWKINS, JJ.

HAWKINS, Justice, for the Court:

This is an appeal from the Circuit Court of George County by Danny Lee Shepherd for the conviction of burglary and larceny and sentence of five (5) years. We reverse and render.

At some time during the night of April 9, 1980, the Western Auto Associate Store in Lucedale, owned…