Stearn v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for burglary of a habitation wherein appellant asserts the evidence is insufficient to support the guilty verdict; that the trial court erred in denying a charge on circumstantial evidence on the question of intent; and, that documents attesting to a prior out of state conviction were improperly admitted as evidence for enhancement to support his punishment at life as an habitual.

On March 26, 1976, appellant was discovered in the kitchen of a private residence. Nothing had been disturbed beyond what was necessary to break in and appellant…