Opinion
December 29, 1942.
Appeal from County Court of Sullivan County.
Present — Hill, P.J., Crapser, Bliss, Schenck and Foster, JJ.
Defendant-appellant was convicted of breaking and entering a store and stealing some cigarettes. The proof that he committed this crime, while circumstantial, is nevertheless convincing. In defense the defendant testified that he had been drinking heavily and did not remember anything about being in the store. The trial court properly charged as to the effect of intoxication upon defendant-appellant's ability to form an intent. No sufficient reason has been presented for disturbing the verdict or the judgment. Judgment of conviction unanimously affirmed.