State v. Barnes

ORR, Judge.

I

Defendant first assigns as error the trial court’s allowing the jury to consider a charge of burglary based on the acting in concert principle. Defendant contends that the State failed to present evidence showing that defendant was present at the scene of the burglary or that the burglary was pursuant to a common plan.

Evidence presented at trial relevant to this issue is as follows: On 5 January 1987, defendant’s uncle, Plummer Ruffin, agreed to pay defendant and three other men, Eric Blount, Willie Ruffin, and David Howard, $100 each to go to the home of Plum-mer’s former…