State v. Overton

*417OPINION

O’BRIEN, Judge.

Defendant was convicted in the trial court for Cocke County of the offense of first degree burglary and sentenced to the penitentiary for a term of not less than five (5) years nor more than ten (10) years.

A number of issues are raised by the first of which defendant says the verdict is contrary to the weight of the evidence and the verdict of the jury was the result of passion, prejudice and caprice.

Burglary in the first degree “is the breaking and entering into a dwelling house .... by night, with intent to commit a felony.” T.C.A. § 39-901. The State’s proof shows…