Howard v. State

McMurray, Presiding Judge.

Defendant was tried before a jury and found guilty of a sole count of burglary. The 68-year-old victim, Mary D. Ellison, identified defendant as the “the man [she saw] crawling at the foot of [her] bed,” at approximately 1:30 a.m. She affirmed she turned on a lamp and when she “touched the light. . . [h]e was . . . about two or three feet [away], because [she] was in bed.” Ellison “keep[s] [her] purse right there by the T.V., where [defendant] was crawling at, down there where he was crawling at.”

The victim knew defendant’s “parents. They live down the street [so the…