Hicks

After trial without jury defendant was found guilty of burglary in the second degree. He appeals, asserting only that the evidence is insufficient to support the judgment.

At about 4 o’clock a.m. a cab driver saw an automobile stop in front of a market. He could identify the driver of the car only as “a colored person,” who remained behind the wheel. One Booker left the car, took the tail gate from a truck parked nearby, used it to smash the front window of the market, placed the tail gate in the car, and was driven away. The cab driver followed, took the license number of the ear and telephoned police. Some 15 minutes later the cab driver returned to the market, saw the same car and saw appellant and Booker, both Negroes, in custody of police. The arresting officers testified that as they approached the market they saw the car, with only its parking lights on, being driven slowly back and forth in front of the market. Appellant was the driver and was arrested in the car. Booker was arrested inside the market, in the act of taking some whiskey from a shelf. Three shopping bags containing cigarettes and whiskey were on the sidewalk in front of the market.

Booker was jointly…