Foster v. State

McMurray, Presiding Judge.

Defendant Daniel Foster, a/k/a Gary Brooks, was charged in an indictment with burglary and giving a false name to a law enforcement officer. The evidence adduced at his jury trial showed that Bill Pouncy of Prattville, Alabama, was staying at the Dollar Inn on North Slappy Boulevard in Albany, Dougherty County, Georgia, on January 25, 1994. At approximately 5:00 a.m., he was awakened when he “heard a lot of noise going on outside the room. Chopping noise. Metal on metal.” Bill Pouncy heard two men talking “about getting into something” and saw a tall, thin man…