State v. Turnage

WYNN, Judge.

To sustain a conviction for first-degree burglary, “the least entry with the whole or any part of the body ... or with any instrument . . ., introduced for the purpose of committing a felony, is *125sufficient^]”1 In the instant case, because we find that the State failed to present substantial evidence that Defendant James Allen Turnage, Jr. either entered the residence in question or was the perpetrator of an entry if it did occur, we reverse his conviction for first-degree burglary. However, we affirm Defendant’s conviction for possession of implements of housebreaking.

In the early…