MOORE, Chief Justice.
Plaintiff in error, hereinafter referred to as the defendant or by name, was accused of burglary and grand larceny. Upon trial to a jury he was found guilty of burglary and not guilty of grand larceny. Judgment entered on the guilty verdict and defendant was sentenced to a term in the state penitentiary.
The evidence introduced upon the trial disclosed that between the hours of approximately 7:00 P.M. on the evening of August 24, 1964...
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