SHINN, P.J.
In a jury trial appellant was convicted of first degree burglary. His motion for new trial was denied and he appeals from the judgment and order.
The appellant was accused of burglarizing the home of Mr. Donald Marshall on the evening of September 13, 1959. A neighbor, Mr. Drinkwater, at approximately 10:30 p.m. heard someone moving about in Marshall's residence. He observed the residence which was approximately 20 feet away and testified that...
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