This section contains the nature of the case and procedural background.

Around 2:00 A.M. an officer was informed that a robbery, or some such crime, was being committed in the business building of Greene County Producers. The officer heard three men running and could hear water 'pouring,' as he expressed it. He saw a two-tone Nash automobile bearing a Unicoi County automobile license tag. The back door was open, and a safe was just outside the office with a 'dolly' or cart against it. This safe had fallen over and hit one of the counters. The safe weighed 600 pounds, had been moved by the intruder a distance of five feet out of that office into the main part of the building. The cart had been used in moving it. It contained about $34,000 in money and securities. D was convicted and sentenced to three years. D appealed.

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