McGEHEE, C.J.
This is an appeal from a conviction of the appellant L.C. Starks in the Circuit Court of Franklin County, who was sentenced to serve a term of 9 years in the Mississippi state penitentiary.
At about sundown or "dusk dark" on the night of December 5, 1961, Mr. Virgil Mulkey, a resident of the county, who was about 74 years of age, heard his dog barking in the front yard, and from this he knew that someone was at or approaching his front gate....
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