WHITLEY v. STATE

8 Div. 109.

64 So.2d 135 (1953)

WHITLEY v. STATE.

Court of Appeals of Alabama.

March 17, 1953.


Attorney(s) appearing for the Case

Gibson, Hewitt & Gibson, Birmingham, for appellant.

Si Garrett, Atty. Gen., and Thos. M. Galloway, Asst. Atty. Gen., for the State.


CARR, Presiding Judge.

In the circuit court the defendant, Curtis Whitley, was indicted and convicted on a charge of burglary in the second degree.

The burglarized building or structure was located in Florence, Alabama.

There is no dispute as to the facts of the burglary. The question of prime concern is whether or not the accused participated in the commission of the crime.

In this aspect the State anchored the prosecution solely on circumstantial...

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