WHITE, Justice.
James David Cannon and James A. Yelton were indicted on September 29, 1961 for burglary of a grocery store known as Big Star No. 54 located in Memphis, Tennessee. They were convicted of safe burglary and the jury fixed their punishment at not more than seven (7) years in the State Penitentiary. The Trial Judge approved the sentence. Both parties appealed and assigned errors. Thereafter, Cannon dismissed his appeal and we consider the case of Yelton...
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