Stanley v. State

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant, an eighteen year-old indigent, was indicted for burglarizing an uninhabited dwelling house, owned by or in the possession of Archie Lawrence. The indictment avers that the burglary was committed with intent to steal. He declined to be tried under the Youthful Offender Act. A jury convicted him. The court imposed sentence of three years imprisonment. This appeal followed from the judgment.

It appears from the evidence that the house was owned at the time of the alleged burglary, August 2, 1974, by Archie Lawrence but was rented…