Barker v. State

HENDRY, Judge.

Appellant was charged by information with breaking and entering a building with intent to commit grand larceny and with possession of burglary tools. He entered a plea of not guilty, and was tried and found guilty by a jury of attempted breaking and entering and possession of burglary tools. He was sentenced to terms of five and two years in the state penitentiary, to run consecutively.

Appellant has argued several points in his appeal, however, the only one which we think merits discussion here is that contending that the trial court erred in failing to timely hear his motion to…