Boozer v. State

ONION, Presiding Judge,

dissenting to the denial of the State’s motion for leave to file motion for rehearing.

Appellant was convicted of burglary of a building. The jury assessed his punishment at 10 years’ imprisonment.

On appeal appellant advanced a single ground of error to wit:

“The Honorable Trial Court committed error in refusing to grant defendant’s motion for an instructed verdict of not guilty because of insufficient evidence.”

It is observed that the motion for instructed verdict was presented to the trial court after the State rested its case at the guilt stage of the trial. It was…