Shy v. State

Judge Harold R. Banke.

Joshua Isaac Shy and his brother and co-defendant, Joseph Louis Shy, were convicted of burglary. On appeal, they challenge the sufficiency of the evidence and the propriety of a jury instruction on possession of stolen property. Joshua Shy also enumerates as error a jury charge on impeachment of witnesses in which the court inserted a defense witness’ name.

The State’s evidence shows that the victim’s Oconee County home was burglarized during the day while he was at work. He testified that someone kicked in a door and took numerous items including two rifles, one of which…