Nunn

Appellant appeals from the judgment convicting him and a codefendant of the crime of first degree burglary. He admitted the charge that he had suffered a prior burglary conviction.

It appears from the evidence that at approximately 2:15 a.m. on July 24, 1962, Mr. and Mrs. Clark were awakened by noises in their bedroom. Mrs. Clark heard a drawer in the bedroom being closed and then saw a man walk rapidly past her bed. She went to the front door and saw her 25-year-old son Richard drive up in his car. As Richard approached the residence he had observed appellant and his codefendant, at a distance of about 150 feet therefrom, walking in the opposite direction. His headlights struck both men when he was only a few feet from them and at the trial he was able to identify them positively.

The Clarks discovered the contents of the wife's purse scattered in the living room; the money it had contained was missing. Mr. Clark's wrist watch was also missing. The police were called and descriptions of the missing items of property and of the men seen leaving the area were given them. Appellant and the codefendant were observed near a coffee shop approximately an hour later. They readily…